f 

LIBRARY OF CONGRESS. 



©fjap ©opgrtgljt ^0.... 

Shelf ..axuw 

U4^ 

UNITED STATES OF AMERICA. 
___ . F5 — 



CIVIL GOVERNMENT 



IN 



NORTH CAROLINA AND THE UNITED STATES 



A SCHOOL MANUAL AND HISTORY 



BY 



SIDNEY M. FINGER 

EX-SUPERINTENDENT OF PUBLIC INSTRUCTION 
OF .NORTH CAROLINA 



& 






NBW YOIiK AND XKW ORLEANS 

UNIVERSITY PUBLISHING COMPANY 
L894 



ft- 






Copyright, 1894, by 
SIDNEY M. FINGEK 



Press of J. J. Little & Co. 
Astor Place, New York 



TO THE 

PEOPLE OF NORTH CAROLINA 

AND PARTICULARLY 

TO THE BOYS AND GIRLS OF THE STATE 

AND 

THE TEACHERS 

WHO ARE OR MAY BE ENGAGED IN TRAINING THEM 
FOR TnE DUTIES OF CITIZENSHIP ; IN THE HOPE 
THAT IT WILL BE A HELP TO THE PROPER UNDER- 
STANDING AND APPRECIATION OF THE ADVANTAGES 
AND BLESSINGS OF OUR GOVERNMENT IN STATE AND 
NATION, • THIS BOOK IS RESPECTFULLY DEDICATED. 



SIDNEY M. FINGER. 



PREFACE. 

• 

The importance of civil government as a branch of 
education in our common schools is now almost univer- 
sally recognized. In many of the States of our Union 
the subject is included in the regular course of school 
studies. 

The necessity of such a provision in our educational 
system must be apparent, when we remember that to 
make good citizens, and, therefore, good government, is 
the primary object of our State Constitution in prescrib- 
ing education for the people. 

It is evident that to be a good citizen one must know 
what the duties, as well as the rights, of citizenship are. 
This knowledge can be obtained only by a study of the 
general principles of government, and of the application 
and working of those principles in our own government 
in State and Xation. Such study can be most profitably 
made at the school. Lessons imparted in youth leave a 
permanent impression on the mind. 

The necessity of making the principles of our govern- 
ment a subject of school study will appear still greater 
when it is considered, that we do not find in the people 
of the present generation that ardent love of our repub- 
lican institutions which was manifested by the men 
who fought for and established our freedom. While the 
patriots who took part in the Kevolution lived, they 
talked at their firesides to their children and their grand- 
children about the great struggle for independence, and 



6 PREFACE. 

about the hardships they and their fathers suffered under 
tyrannical government. In those days the events of the 
struggle were fresh in the recollection of the people. 
They are less talked of, and perhaps less appreciated, in 
our time. 

The information essential to good citizenship and to 
the maintenance of a spirit of patriotism, which was com- 
municated by the participants in the Kevolutionary strug- 
gle, must now be communicated by others. Under the 
conditions of life in our day, under the burdens and cares 
of business seldom relaxed, this can be properly done 
only in the school-room. Upon the teachers devolves the 
task which the parents do not usually perform. 

This book is intended to be an aid to .teachers in the 
performance of that important task. It is prepared spe- 
cially for the schools of North Carolina. The author has 
endeavored to present the principles, and to explain and 
illustrate the system, of our State and National govern- 
ments, in language clear and simple enough to be easily 
understood by school pupils. He hopes he has succeeded. 

The book contains some useful features which, so far 
as the author is aware, are not to be found in other works 
on the subject. One of those features is the " Derivation 
and Explanation of Terms." A book on government must 
necessarily contain a number of technical terms, the appli- 
cation of which pupils of common schools cannot be 
expected to have acquired a knowledge of in their ordi- 
nary studies. The technical terms which occur in this 
work are explained generally at the head of the chapter 
in which they first occur. The words from foreign lan- 
guages are placed in parentheses, and will be used by 
pupils of proper advancement. It is hoped that the expla- 
nations in English of technical words, and the text itself, 
adapt the book to the use of pupils of fourth or fifth 



PREFACE. 7 

grade, and to any person who has a fair knowledge of the 
English language. The author expects it to be useful to 
the general reader as well as to the pupils. Xumerous 
useful explanations of political and legal phrases and ex- 
pressions are interspersed through the text in small-type 
paragraphs. 

The author believes that the " Topics for Examination 
and Review" at the end of each chapter will be recog- 
nized as a useful feature. In these reviews the substance 
of each chapter is briefly recited, so as to serve not only 
as a help to the memory of the pupil, but as material for 
question by the teacher. The teacher should be the best 
judge as to the form in which to put the questions. 

In the order of the parts of the book, precedence is 
given to '* Government in Xorth Carolina.,'' not because 
the subject is deemed of higher importance than " Gov- 
ernment in the United States," but because it is of more 
direct and immediate interest to those for whose use the 
book is specially designed, and because the author under- 
stands that this plan presents the natural and historical 
development of our government. 

For valuable help in the preparation of this work, the 
author returns thanks to Hon. James E. Shepherd, Chief 
Justice, Ealeigh, X.C. ; Judge M. L. McCorkle and Hon. 
L. L.TTitherspoon, Xewton, X.C. ; and to Mr. C. L. Patton, 
of the University Publishing Company, Xew York. 

S. M. F. 
Newton, N.C., November. 1894. 



CONTENTS. 
PAET I. 

GENERAL IDEA OF CIVIL' GOVERNMENT. 
CHAPTER I. 

WHAT IS GOVERNMENT? 

PAGE 

Meaning of government. Its object and necessity. Illustration 
from Robinson Crusoe. Civil government. Union of effort. 
Duty of supporting government 15 

CHAPTER II. 

DIFFERENT KINDS OF GOVERNMENT. 

Forms of government. Monarchy. Two kinds, despotic and con- 
stitutional. The republican system. Idea of representation. 
Pure democracv. Maioritv rule 20 

PART II. 

GOVERNMENT IN NORTH CAROLINA. 
CHAPTER I. 

HISTORICAL. 

Early government of North Carolina. Mecklenburg Declaration. 
Mecklenburg Committee Resolves. Committees of Safety. First 
Constitution of North Carolina. Declaration of Rights. Conven- 
tion at Raleigh, and adoption of amendments 25 



10 CONTENTS. 

CHAPTER II. 

CONSTITUTION OF NORTH CAROLINA. 

PAGE 

Present Constitution of North Carolina. Equality of men. Sover- 
eignty of the people. Bulwarks of freedom. Oath or affirma- 
tion required from voters and office-holders. How to amend the 
Constitution 31 



CHAPTER III. 

LAWS AND THE MAKING OF LAWS. 

Laws of the State. The General Assembly, how composed. How 
laws are made. Public and private laws. . How laws are pub- 
lished. The common law 36 



CHAPTER IV. 

ADMINISTRATION OF THE LAW. 

An illustration. Trial by jury. Writ of habeas corpus. The grand 

jury, how formed. Its duties 45 

CHAPTER V. 

THE EXECUTIVE DEPARTMENT. 

What the Executrve Department is. Duties of Governor, Lieuten- 
ant-Governor, Secretary of State, Auditor, Treasurer, Attorney- 
General. Superintendent of Public Instruction. The Council 
ofState 56 

CHAPTER VI. 

THE JUDICIARY. 

What the Judiciary Department is. Court of Impeachment. How 

officers may be impeached. The Supreme Court. The Superior 

Courts. The Criminal Courts. The Inferior Courts. Proced- 

. ure in the courts. Witnesses. Direct and. cross-examination. 

The solicitor. Punishments. The judge's discretion 68 



CONTEXTS. II 

CHAPTER VII. 

COUNTY GOVERNMENT. 

PAGE 

Division of the State into counties. County officers. Clerk of Su- 
perior Court. The Sheriff. Coroner. Justices of the peace. 
County Commissioners. Register of deeds. County Treasurer. 
County Board of Education. School Committees. County 
Superintendent of Public Instruction 79 

CHAPTER VIII. 

TOWN AND CITY GOVERNMENT. 

Organization of towns and cities. Acts of incorporation. The 
Mayor. Aldermen, Commissioners, or Council. Other town 
officers. Double burdens 92 

CHAPTER IX. 

CITIZENSHIP. — ELECTIONS. — POLITICAL PARTIES. 

Suffrage. Who may vote. Election law. The ballot. Political 
parties. Party machinery. Conventions. Campaigns. Gov- 
ernment by party 98 

CHAPTER X. 

REVENUE AND TANATION. 

Money required to carry on government. Plow obtained. Right of 
eminent domain. Poll-tax and property tax. The system of 
" equation " 108 

CHAPTER XI. 

EDUCATION. — CHARITABLE INSTITUTIONS. 

Right to privilege of education. State Board. Public school laws. 

Educational institutions. Charitable institutions 113 



CHAPTER XII. 

BUSINESS CORPORATIONS. — THE MILITIA. 

Corporations. Partnership. How it differs from a corporation. 

The militia 118 



12 CONTENTS. 

PART III. 

GOVERNMENT IN THE UNITED STATES. 
CHAPTER I. 

HISTORICAL. 

PAGE 

Reasons for union. First written bond of union. Articles of Con- 
federation. Need of further union. Constitutional Convention. 
Constitution ratified 121 

CHAPTER II. 

LEGISLATIVE DEPARTMENT. 

United States Government under the Constitution. Congress. The 

Senate. House of Representatives 131 

CHAPTER III. 

legislative department. {Continued.) 

Powers given to Congress. Powers withheld from Congress. Powers 
withheld from the States. Different constructions of the powers 
of Congress. Changes in the Constitution 138 

CHAPTER IV. 

THE EXECUTIVE DEPARTMENT. 

The President and Vice-President. Secretary of State. Secretary of 
the Treasury. Secretary of War. Attorney-General. Postmaster- 
General. Secretary of the Interior. Secretary of the Navy. 
Secretary of Agriculture 148 

CHAPTER V. 

THE JUDICIAL DEPARTMENT. 

Supreme Court of the United States. Court of Appeals. Circuit 
Court. District Court. Court of Claims. United States Com- 
missioner. District Attornev. Marshal 161 



CONTENTS. lo 

CHAPTER VI. 

COMMISSIONS. — BUREAUS. — DEPARTMENTS. 

PAGE 

Interstate Commission. Civil Service Commission. Coast and Geo- 
detic Survey. Light-houses. Life-saving Stations. Naval Ob- 
servatory. Department of Labor. Fish Commission. United 
States Flag 169 

CHAPTER VII. 

SUFFRAGE AND POLITICAL ORGANIZATIONS. 

Citizenship. National political parties 177 

CHAPTER VIII. 

CONCLUSION. 

Important documents. Duties of American citizens 183 



APPENDIX. 

Mecklenburg Declaration iii 

Mecklenburg Committee Resolves v 

Declaration of Independence viii 

Constitution of North Carolina of 1776 xii 

Articles of Confederation xxv 

Present Constitution of North Carolina xxxv 

Constitution of th.e United States. lxix 

Alphabetical Index of terms explained lxxxvii 



NOTE FOR TEACHERS. 

At the head of each chapter will be found " Derivation and Explana- 
tion of Terms." The pupil will find this much more convenient than to 
go to his dictionary for these technical words, any one of which can also 
be found whenever desired by turning to the Alphabetical Index at the 
end of the Appendix. 

The teacher is advised not to require the pupil to commit to memory 
the definitions before he proceeds with the text, but to see that he gets 
the meaning of the words by reference to these definitions when he shall 
first have use for them. 

The " Derivation " of the words is placed in parentheses ; attention 
to it will not be required unless the pupil has sufficient advancement to 
understand it. Of this the teacher must be the judge. 

The book is prepared for use not only by pupils 'of the fourth and fifth 
grades, who may take it along with or instead of the usual readers of 
these grades, but also by more advanced pupils. Too much time is 
frequently spent on the higher school readers, to the neglect of such 
studies as this, from which the pupils can get more useful and practical 
information, and at the same time learn to read well. 



CIVIL GOVERNMENT 

PART I. 

GENERAL IDEA OF CIVIL GOVERNMENT. 

CHAPTER I. 



WHAT GOVERNMENT MEANS. ITS OBJECT AND NECESSITY. — ■ 

ILLUSTRATION. DUTY OF SUPPORTING GOVERNMENT. 

DERIVATION AND EXPLANATION OF TERMS. 



Civil. (Latin civis, a citizen, a 
freeman.) Relating to citizens or 
the people of a state. 

Civilization. (Same derivation as 
civil.) The condition of a people 
united in a society or state hav- 
ing an organized system of gov- 
ernment. 

Community. (Latin con, together, 
and mun u a , service or work.) The 
whole people of a city, state, or 
country. 

Government. (Latin gubernare, 
to steer, as a ship.) The ruling of 
a community; also, the person or 
persons by whom a country is 
ruled. 

Revenue. (Latin re, back, and 
venire, to come.) Income; what 



comes back from an investment ; 
the income of a government as 
the proceeds of taxation. 

State. (Latin status, a standing.) 
The whole body of people united, 
or standing together, under one 
government. The people of any 
country having a separate gov- 
ernment are a state. 

Taxes. (Greek taxis, a tribute.) 
The money paid by the people 
for the support of government. 

Treasury. (Greek thesauros, a 
storehouse; riches stored up.) A 
place in which public moneys are 
deposited for safe keeping ; the 
department of government which 
receives and disburses public 
money. 



1. What Government Means. — Government, in its lit- 
eral signification, means the art of directing or controlling, 



16 CIVIL GOVERNMENT. 

as a pilot or captain directs and controls the movements 
of a ship. In its general signification the word means 
the exercise of authority ; and it may also mean the per- 
son or persons by whom authority is exercised. 

2. The idea of government is well illustrated in the 
family and in the school. Children at their homes may 
not always do as they please. They are under the con- 
trol of their parents. This is family government. At 
school children are under the control of their teachers. 
This is school government. 

3. When children como of age, and leave home and 
school, they are no longer under the control of their 
parents or teachers, but they still find that they are not 
free to do whatever they please. In the city, or state, or 
country, in which they live, they find that there are laws 
which they must obey, and that there are public officers 
who have authority and power to punish those who vio- 
late those laws. This is civil government. 

4. Duties and Necessity of Government. — The prin- 
cipal duty of government is to protect life and property ; 
that is, to maintain peace and order. The necessity of 
government arises from the fact that in every commu- 
nity there are bad men whom nothing but the fear of 
punishment can deter from doing wrong to their neigh- 
bors. Government is necessary to prevent the evil dis- 
posed from injuring others in their persons or property. 

If there were no government there would be no laws, 
or judges, or police, or jails, and without these there 
would be no punishment to restrain evil men from the 
commission of crime. How unsafe would a man's home 
and family be if he had no protection or defence against 
violence except his own physical strength ! How sleep- 
less would be his nights, no matter how strong his doors 
and locks ! 



WHAT GOVERNMENT MEANS. 17 

In a country without government there could be little 
or no industry or accumulation of property. No man 
would work or engage in business if he were not sure 
that he might peacefully possess and enjoy the fruits of 
his labor or enterprise. Without government, society 
could not continue to exist in a civilized condition. 

Civilization necessarily includes the idea of government. Among sav- 
age tribes there is no organized system of protection for human 
life. The safety of every man's life depends upon his own ability 
to defend it. There is no industry except hunting or fishing. 
There is no accumulation of property beyond the food required 
for a few days. There is no provision against sickness or old age. 
This would be the condition in every country if there were no 
government. 

5. An Illustration from Robinson Crusoe. — The ne- 
cessity of government, as well as its origin and growth, 
is well illustrated in " the story of Robinson Crusoe." 
This admirable book is widely read and enjoyed, but 
it is, perhaps, not so fully appreciated as it deserves 
to be for its valuable lessons on the subject of govern- 
ment. 

The restless spirit of Crusoe led him away from civil- 
ized life. He was shipwrecked and cast, the sole sur- 
vivor, upon an uninhabited island. As there was no other 
human being on the island, it belonged to him by right of 
undisputed possession. There was no one to govern him, 
nor was there any one for him to govern except his dog, 
his cats, his goats, his parrot, and other beings of a loAver 
order of existence than himself. There was no. govern- 
ment, for there was no need of government. 

Crusoe was terrified when, after some years of solitary 
residence on the island, he saw the print of a human foot 
in the sand. What was the reason of his terror? He 
knew it was not the print of his own foot. It was, there- 

2 



18 CIVIL GOVERNMENT. 

fore, certain that there were human beings not far away 
who might interfere with his rights or endanger his life. 
Later he discovered that cannibals sometimes visited the 
island. After the man Friday was saved from death, he 
became Crusoe's faithful slave. Crusoe's word was law 
for him. This was the beginning of government on the 
island. 

When the Spaniard and Friday's father were added to 
the household, Crusoe's word was still the law, but there 
was some consultation and cooperation among the mem- 
bers of the small community. The four persons acted 
together for the protection of their lives and property, 
which were threatened by the savages. 

After Crusoe's departure the Spaniard became governor. 
Soon the community was increased by the arrival of per- 
sons who were not savages. Some of the new-comers 
were very bad men. They destroyed the property and 
threatened the lives of their neighbors. The danger then 
was not from the cannibals, but from evil-disposed mem- 
bers of the island community itself. To restrain the bad 
men from injuring the others, punishment was necessary, 
and to administer punishment the governor required the 
cooperation and support of the honest members of the 
community. This was civil government. 

A point of special importance in the illustration from Robinson Crusoe is, 
that union of effort was necessary to protect the lives and prop- 
erty of the residents on the island. No one good man could have 
defended himself against the many bad men. Civil government is 
a union of effort to protect honest men against the dishonest and 
vicious. 

6. The Duty of Supporting Government. — Govern- 
ment being necessary, and for the good of all, it is the 
duty of all to support it. The officials of government 
must be paid for their time and services. Buildings and 



WHAT GOVERNMENT MEANS. 



19 



other requisites for the carrying on of the work of gov- 
ernment, in its numerous details, must be provided and 
maintained. 

The money necessary for these purposes must in some 
way be provided. It can be had only from the people. 
In every country which has a government every citizen 
is compelled by law to contribute towards its support. 
Such contributions are called taxes, and the taxes paid 
into the public treasury constitute the revenue of the 
government. 

In different countries there are different systems of tax- 
ation, but everywhere the general principle is the same, 
viz.. that government being the concern of all, all ought 
to be compelled to support it. How taxes are levied in 
our own country and State, is explained elsewhere in this 
book. 

TOPICS FOR EXAMINATION AND REVIEW. 

1. What government means. The exercise of authority. The per- 

son or persons who rule. 

2. Family government. School government. 

3. Laws in every community that must be obeyed. Civil government. 

• ernment necessary. To protect life and. property against 
bad men. If there were no government there would be no safety, 
no industry, no society. Civilization implies government. 
5. Robinson Crusoe. Government required when more than one 
lived on the island. Defence against the savages. Protection 
against the bad members of the community. Union of effort 
needed . 
vernment is for the benefit of all ; therefore, it must be sup- 
ported by all. Taxes and revenue. Everybody must pay taxes. 



CHAPTEK II. 



FORMS OF GOVERNMENT. THE REPRESENTATIVE SYSTEM. 



DERIVATION AND EXPLANATION OF TERMS. 



Cabinet. (Cabin, a small room or 
private apartment.) The council 
or advisers of a king, or of the 
head of a state. 

Constitution. (Latin con, togeth- 
er, and statuere, to set, place, or 
establish.) Something that is es- 
tablished, as laws ; the funda- 
mental laws or principles upon 
which the government of a coun- 
try is established (set). 

Democracy. (Greek demos, the 
people, and kratein, to rule.) 
Government by the people. 

Despotic. (Greek despotes, a mas- 
ter or lord.) Having power un- 
limited by law. 

Emperor. (Latin imperator, a 
commander.) The supreme ruler 
of an empire. An empire usually 
includes several states or coun- 
tries, each having a distinct 
nationality and government ad- 
ministration. A kingdom is one 
nation, of which the supreme 
ruler is a king or queen. 

Hereditary. (Latin hceres, an 
heir.) Hereditary right or estate 
is a right, or an estate which 
comes to a person from his fore- 
fathers. 



Legislature. (Latin lex, a law, 
and latus, given.) The body, or 
assembly, of persons who make 
the laws of a country. In Great 
Britain the legislature is called 
parliament. This word is de- 
rived from the French parler, to 
speak. 

Majority. (Latin major, greater.) 
The majority is the greater num- 
ber of any body or assemblage; 
thus, of an assemblage or meet- 
ing composed of one hundred 
persons, a majority would be any 
number more than fifty, and any 
number of such assemblage less 
than fifty would be a minority: 
This word is derived from the 
Latin minor, less. 

Monarch. (Greek monos, alone, 
and arcliein, to rule.) A supreme 
ruler who possesses undivided 
power or authority. 

Office. (Latin officium, duty, em- 
ployment.) In a political sense, 
an employment under govern- 
ment. 

Republic. (Latin res, a thing, an 
affair, and publica, public.) A 
state or country in which su- 
preme political power is exercised 



FORMS OF GOVERNMENT. 



21 



by the people through elected 
representatives. 

Sovereign. (French souverain. 
sovereign.) Superior in power to 
all others. 

Subject. (Latin subject us, lying 
under.) One who is under the 
authority of a sovereign. In a 
country having a monarchical 
government every person except 



the monarch is a subject. In a 
republic there are no subjects. 
Every person is equal in rank 
and right before the law. 
Throne. (Greek thronos, a chair 
of state.) A monarch's chair of 
state. The word is used figura- 
tively to mean the office or power 
of a monarch. The word crown 
is also used in the same sense. 



7. Forms of Government. — Governments have been 
established on many different plans. The forms of gov- 
ernment existing in the world to-day may be classed 
under two general designations — the monarchical system 
and the republican system. 

8. The Monarchical System. — A monarchy is a gov- 
ernment in which supreme authority is vested in one per- 
son | a monarch), who is usually called king, emperor, or 
sovereign. The king is not elected. He holds office for 
life, and when he dies his son or heir becomes sovereign 
by hereditary right. 

The oldest son of a king succeeds his father by right of birth. If 

there is no son, the eldest daughter succeeds, except in some coun- 
tries \yhere females are excluded from the throne. If there is no 
daughter or son, the crown devolves on the nearest blood-relation. 

9. Two Forms of Monarchv. — There are two kinds of 
monarchy — absolute or despotic, and limited or constitu- 
tional. 

In the absolute or despotic monarchy there is no law- 
making body. The will of the sovereign is the only 
law. At his pleasure, and with or without cause, the 
absolute monarch may imprison or put to deatli any of 
his subjects. At his pleasure he appoints such officers as 
he may require to assist him in governing, and when he 
pleases he may dismiss them from office. 



22 CIVIL GOVERNMENT. 

A limited or constitutional monarchy is a monarchy 
in which the power of the sovereign is limited by a con- 
stitution and by laws. In a constitutional monarchy the 
king must rule in accordance with the laws, and in the 
exercise of his authority he must act on the advice of his 
cabinet, which is composed of public officers, who are re- 
sponsible to the people, and who may be dismissed from 
office through a vote of the people's representatives in 
the parliament or legislature. 

The governments of Russia, Turkey, and many countries in Asia, are 
absolute monarchies. Most of the governments of Europe are 
constitutional monarchies. 

10. The Republican System. — Republican government 
is government by the people through authorized repre- 
sentatives. In a republic no man rules by a right of 
birth. There is no sovereign. There are no subjects. 
All men are of equal rank before the law. The laws are 
made by persons elected for that purpose by the people, 
and the laws are administered and executed by officers, 
some of whom are elected by the people, and some ap- 
pointed by officers who have been elected by the people. 

11. The Idea of Representation. — Republican gov- 
ernment is government by the people, but in large com- 
munities all the people cannot come together to express 
their opinions or wishes on questions of government. 
For example, it would be extremely inconvenient, if not 
practically impossible, for all the people of the United 
States, or of any of our States, to meet in any one place 
to vote on proposed laws, or improvements in the laws. 
In a progressive country like ours new laws are con- 
stantly being made, or old ones improved. Though it 
were possible for all the people to come together to 
make laws, there could be no proper discussion, or wise 



FORMS OF GOVERNMENT. 



23 



deliberation, in so vast an assembly. The necessity of 
the representative system is, therefore, evident. Instead 
of all coming together, the people in their several districts 
elect persons as their representatives, and those represent- 
atives meet at the capital of the. country or State to 
make laws, and transact other public business which may 
be assigned to them. 

In some of the states of ancient Greece proposed laws were voted on 
at assemblages of all the people who were recognized as citizens. 
This was called pure democracy. But the citizen population of 
any one of those states was probably less than the population of a 
small American county of the present day. 

12. ^Majority Rule. — Representative government is 
based on the principle of majority rule. Where all men 
have eqnal rights in public affairs, the only practicable 
way of peacefully settling controversies on public ques- 
tions is to take a vote upon them, and let the will of 
the majority prevail. If ten men had been cast on the 
island with Crusoe, the first thing they would have done 
would have been to consider how best to provide for their 
common protection. In such a case, so long as there were 
no differences of opinion among the eleven, there would 
be no difficulty. But one might propose something to 
which the others might object as, in their opinion, bad 
for the common interest. If the one should refuse to 
yield to the will of the others, force would have to be 
employed. The ten, being physically a greater power 
than the one, could compel him to submit, for they 
could imprison him or put him to death. But instead 
of a minority of one there might be a minority of five. 
In such case, the two parties being so nearly equal in 
number, a physical force conflict might result in much 
of life. 

But if the eleven men, at the outset of their conference, 



24 CIVIL GOVERNMENTS 

had bound themselves to an agreement or compact that 
the majority should rule ; that is, that the opinion or 
will of the greater number should, after discussion, be 
submitted to by all, there could have been no need of 
resort to physical force. Such a compact is the basis 
of the republican form of government. It is embodied 
in a written constitution upon which republics are usually 
established. 

TOPICS FOR EXAMINATION AND REVIEW. 

7. Forms of government: monarchical, republican. 

8. Monarch)'. Supreme authority vested in one person. 

9. Two forms of monarchy. Absolute or despotic, limited or constitu- 

tional. In the absolute or despotic, no law but the will of the 
sovereign. In the limited or constitutional, the sovereign must 
rule according to law. 

10. The republican system. Government by elected representatives of 

the people. 

11. Idea of representation. All the people cannot come together to 

make laws. Hence the people delegate that power to represent- 
atives elected in districts. Pure democracy. In some countries 
all the citizens voted on proposed laws. 

12. Majority rule. The only way of peacefully settling differences 

on questions of government. The basis of the representative 
system. 



PART II 

GOVERNMENT IN NORTH CAROLINA. 
CHAPTER I. 

INTRODUCTORY. 

DERIVATION AND EXPLANATION OF TERMS. 



Allegiance. (Latin ad, to. and 
- . to bind.) That which 
binds a person to the government 
of his country ; the duty of a citi- 
zen to be faithful to the constitu- 
tion and laws. 

Colony, i Latin colere, to cultivate, 
to dwell.] A company of people 
who leave their own country and 
le in another country. The 
thirteen colonies of North Amer- 
ica were originally composed of 
people who came to this country 
from the countries of Europe. 

Committee. Latin con, together. 
and miff erf. to send.) One or 
more persons to whom any mat- 
ter or business is referred by a 
-•-r body. It is often incon- 
venient for a legislative body, or 
a lan:e meeting, to discuss the 
details of a proposed measure. 
>mmittee i irately to 

con-ider detail.- and report upon 
them to the larger body. 

Congress. (Latin con, together, 



and gressus, going.) A meeting 
of persons for any purpose. Pro- 
vincial Congress. The meeting 
of delegates from the counties of 
North Carolina. Continental 
Congress. The meeting of dele- 
gates from the thirteen States. 

Convention. (Latin con. together, 
and venire, to come.) An assem- 
bly of delegates elected to meet 
and do some special business, gen- 
erally having relation to polities. 
Our political parties have conven- 
tions for the purpose of choosing 
candidates for public offices. 

County in former times was a ter- 
ritory or district under the au- 
thority of a count. The word is 
derived from the Latin comes, a 
companion. The count was the 
row pan ion of the king or emperor. 

Delegate. (Latin de, from, and 
legare, To send, as an ambassador.) 
A person sent from, or by, others 
to represent, or act for, them in 
any business, particularly a per- 



26 



CIVIL GOVERNMENT. 



son sent to take part in the busi- 
ness of a convention. 

Jurisprudence. (Latin jus, right 
or law, and prudentia, foresight 
or knowledge.) The science of 
law; the system under which 
laws are administered. 

Political. (Greek polis, a city or 
state.) Relating to the affairs of 
a state. Hence politics, the 
science of government ; the busi- 
ness of regulating and managing 
the public affairs of a country. 

Province. (Latin pro, for, and 
vincere, to conquer.) Originally a 



Roman name for the government 
established over conquered terri- 
tory. A territory for which a gov- 
ernment is provided by an outside 
power and maintained by force. 
Resolution. (Latin re, again, sol- 
vere, to loosen, to dissolve. ) Hence 
the loosening or separating of a 
thing into the parts of which it is 
composed. Resolutions at a meet- 
ing of any kind are proposals put 
to the meeting for its approval. 
Resolutions are usually separated 
or resolved into several heads or 
parts. 



13. Early Government of North Carolina. — For 
many years North Carolina was a province. The people 
were subjects of the King of England, and acknowledged 
his sovereign right to govern them. The king did not 
govern in person, but through officers who acted in his 
name. Some of these officers he appointed, some he per- 
mitted the people to elect, but every act of every officer 
was in the name and by the authority of the king. 
These officers included a governor, an assembly, judges 
and magistrates, sheriffs, constables, etc., almost the same 
that we have to-day. 

In England the power of the king was limited by the 
" Bill of Rights " which he had signed, and which pro- 
tected English citizens from the abuse of sovereign power. 
The people of North Carolina, though living in a province, 
believed they were English citizens and protected by the 
" Bill of Rights." They submitted to the sovereign power 
of the king so long as they believed this power to be 
limited in this way ; but when the king assumed powers 
prohibited by the "Bill of Rights," they determined to 
resist. These acts of the king are all enumerated in 



INTRODUCTORY. 



the Declaration of Independence. (See Appendix, p. 
viii.) 

The Mecklenburg Declaration. — On the 20th May, 
1775, more than a year before the Declaration by the 
Continental Congress at Philadelphia, at a county con- 
vention in Mecklenburg, a series of resolutions was 
d, in which the delegates, in the name of the citi- 
zens of that county, absolved themselves from " all alle- 
giance to the British Crown," abjured " all political con- 
nection with that nation,'' and declared themselves to 
be " a free and independent people." (See Appendix, 
p. iii.) 

The Mecklenburg Committee Resolves. — The Meck- 
lenburg Declaration was followed, on 31st May, by an- 
other set of resolutions adopted at the same place, by a 
Committee acting in the name of the Convention and of 
the citizens. These resolutions declared 



"That all Commissions, civil and military, heretofore granted by 
the Crown to be exercised in these Colonies, are null and void, 
and the Constitution of each particular colony wholly suspended/' 

The resolutions also set forth the details of a system of 
provisional government for the county, which should be 

" In full force and virtue until instructions from the Provincial 
Congress regulating the jurisprudence of the province shall pro- 
vide otherwise." 



Though the other counties of Xorth Carolina did not 
make formal declarations of independence, they had their 
committees of safety, and were active in resistance to 
tin* oppression of the British government. All the 
counties elected delegates to the Provincial Congress. 
The royal governor, alarmed at the uprising of the 
people, fled from the State. 



28 CIVIL GOVERNMENT. 

14. Three months after the Mecklenburg Declaration 
(August 20, 1775) the Provincial Congress met at Hills- 
boro, and took temporary charge of the government of 
North Carolina and prepared to defend it. In April of 
the next year another congress met at Halifax and em- 
powered their delegates to the Continental Congress " to 
concur with the delegates of the other colonies in declar- 
ing independency." They knew the king would attempt 
to reestablish his sovereignt}^ by force of arms, but they 
believed that the provinces united were strong enough to 
maintain the rights which they now asserted. 

In the other provinces leading men had proposed in- 
dependence, but the people of North Carolina were the 
first province to instruct their representatives in Con- 
tinental Congress to advocate a general Declaration of 
Independence. 

Until the Declaration of Independence by the Con- 
tinental Congress, the Provincial Congress had governed 
North Carolina temporarily, but now that the future 
seemed assured, a permanent government was necessary 
for the new State. The freemen of the State, as 
sovereigns, must assemble by delegates and establish a 
constitution, that is, a body of rules and maxims, in 
accordance with which the sovereign power would be 
exercised. They did not wish to change the officers 
through whom the government was administered, but to 
agree upon a written instrument in which the authority 
of these officers to act should come from the people and 
not from the king, and in which a rule of action for all 
departments and officers of the government would be 
clearly defined. 

15. First Constitution or North Carolina. — In De- 
cember, 1776, a congress composed of " representatives of 
the freemen of the State " assembled at Halifax, and re- 



INTRODUCTORY. 29 

solved upon a ki constitution or form of government " for 
the State of North Carolina. (See Appendix, p. xvi.) 
This continued to be the fundamental law of the State up 
to 1835, when a Convention at Raleigh adopted amend- 
ments which were submitted to the voters of the State 
and approved by a majority vote. Further amendments 
have since been adopted and approved in like manner. 

It is evident that a vote of the people on any proposal to alter the 
Constitution gives full effect to the principle that sovereign power 
rests in the people. The Constitution is superior to every and 
all other authority in the State, except the people. No public 
officer has power to do anything that is prohibited by the Consti- 
tution. The legislature can make no law which is opposed to any 
provision of the Constitution. The Constitution has been made 
by the people, through their representatives, and only by the 
people can it be altered or amended in the smallest particular. 

10. In the substitution of a republican for a mo- 
narchical system, the Halifax Convention proceeded with 
much caution. This will be seen from the limitations it 
put on the right of voting, and the great powers it vested 
in the legislature. Under the Halifax Constitution a 
man was not allowed to vote at elections for members of 
the legislature unless he had property in land, or unless 
he paid a certain amount of taxes. In laying the founda- 
tion of the State it was thought best to give only men 
who had a real interest in it a voice and vote in its con- 
trol. Safety demanded that all others should be excluded 
from control. The ownership of land or property was 
therefore made a test of a man's interest in the State. 
The Halifax Constitution gave the legislature the power 
of electing a number of State officers who are now elected 
by the people. It must be remembered that at this time 
the population of North Carolina was not large, and was 
scattered over an immense territory from the Atlantic 



30 CIVIL GOVERNMENT. 

Ocean to the Mississippi River. Travelling was difficult 
and expensive. The people of one section of the State 
had very little knowledge of the people of other sections, 
and could not decide intelligently upon the best men to 
elect to the State offices. The members of the legisla- 
ture being the leading men of their respective counties, 
and becoming acquainted with each other at the capital, 
could form an intelligent opinion as to the most suitable 
men to elect for the entire State. This was a strong 
reason why the election of State officers was intrusted to 
the legislature rather than to a vote of the people scat- 
tered over an immense territory. As the State grew 
older and the people came to know each other better, and 
as confidence in the republican form of government grew 
stronger, these safeguards were gradually abandoned. 
Under our present Constitution, nearly all the principal 
public officers of the State are elected by the people, and 
voters are not required to have property in land or to 
pay a certain tax. It is well worthy of note that as the 
right of voting has been extended, the necessity of edu- 
cation has been insisted on. Without intelligence in the 
people, government by the people would be a danger. 
The intelligence necessary to help in making good gov- 
ernment can come only of education. 

TOPICS FOR EXAMINATION AND REVIEW. 

13. Early Government. Bill of Rights. Mecklenburg Declaration. 

Mecklenburg Committee Resolves. Provisional Government for 
that county. Other counties. 

14. Provincial Congress at Hillsboro. At Halifax. A constitution. 

15. The first Constitution of North Carolina ; subsequently amended. 

16. Halifax Convention limits the right to vote, and trusts elections to 

the legislatures, Restrictions removed. Necessity of education. 



CHAPTEK II. 



CONSTITUTION OF NORTH CAROLINA. 



DERIVATION AND EXPLANATION OF TERMS. 



Affirm. (Latin affirmare, to make 
firm.) To assert positively ; to 
promise solemnly to tell the truth, 
or to promise solemnly to perform 
a duty. The promise is made be- 
fore an authorized person, either 
a judge or other officer having 
legal authority to administer an 
oath. Persons who have con- 
scientious objections to taking an 
oath are permitted to affirm, and 
any person who, after legally 
affirming, says what is not true, 
is guilty of perjury. This is a 
crime punishable by law. Per- 
jury is to affirm, or to swear to, 
what is false. 

Amend. (Latin e, out of, and 
menda, a fault.) To alter so as 
to improve. An amendment to a 
constitution, a law, or a res- 
olution proposed at a meeting, 
would be a change intended as 
an improvement. 

Article. (Latin artus, a joint.) 
Besides several other meanings i 
this word signifies a portion of 
any written statement or decla- 
ration, which consists of two or 
more parts or sections. 

Elector. (Latin e. out of, and 



lectus, chosen.) An elector is one 
who votes at an election, which 
means choosing out a person for 
public office or other distinction. 

Oath. (Old English othe.) A sol- 
emn declaration by any person 
that what he states is the truth. 
A person who is called before a 
court to give evidence at a trial, 
that is, to tell what he knows 
about the case, is required to take 
an oath that he will tell the truth. 
The oath is taken with the right 
hand placed upon a Bible or 
Testament. It is usually in this 
form : " I solemnly swear that I 
will tell the truth, the whole truth, 
and nothing but the truth. So 
help me God." (Sec under affirm.) 

Ordinance. (Latin ordo, order.) 
A law or rule established by au- 
thority. 

Ratify. (Latin ratus, established, 
and facere, to make.) To ap- 
prove what has been done by an- 
other ; to make valid or estab- 
lished. 

Section. (Latin sectus, cut off.) 
A portion of something, as of a 
book or other writing ; also a 
part of a country. 



32 CIVIL GOVERNMENT. 

16. Present Constitution of North Carolina. — The 
Constitution of North Carolina as it exists to-day con- 
tains, in the first section of its first article, an assertion of 
the great democratic principle of the Declaration of Inde- 
pendence, that 

" All men are created equal, that they are endowed by their Crea- 
tor with certain unalienable rights, that among these are life, lib- 
erty, and the pursuit of happiness." 

In the second section of the first article our State Con- 
stitution asserts the principle of the sovereignty of the 
people : 

" That all political power is vested in, and derived from, the people ; 
all government of right originates from the people, is founded 
upon their will only, and is instituted solely for the good of the 
whole/' (See Appendix, p. xxxvi.) 

There is one limit, and only one limit, to the sovereignty of the people 
of the State of North Carolina, as of every other State of the Union. 
This is the limit which the people of North Carolina themselves 
voluntarily placed upon their sovereignty. It is the paramount 
authority of the Constitution and government of the United States, 
when exercised in accordance with the power granted by the States 
in the United States Constitution. That authority is thus recog- 
nized in our State Constitution : 

" Every citizen of this State owes paramount allegiance to the 
Constitution and Government of the United States, and 
no law or ordinance of the State in contravention, or subversion 
[i.e. opposition, or setting aside] thereof, can have any binding 
force." (See Appendix, p. xxxvi.) 

17. Bulwarks of Freedom. — Among the thirty-seven 
sections of the first article of our State Constitution will 
be found declarations of right, which are held by freemen 
all over the world to be the principal and essential guar- 
antees of liberty. In these sections it is declared 

(a) That elections must be free. 

(b) That no person shall be convicted of crime except 
by the verdict of a jury in open court. 



CONSTITUTION OF NORTH CAROLINA. 33 

(c) That no person shall be deprived of life, liberty, or 
property, except by the law of the land. 

(d) That the freedom of the press onght never to be 
restrained. 

That the people ought not to be taxed without their 
own consent, or that of their representatives. 

(/') That no human authority should control or inter- 
fere with the rights of conscience [religious liberty]. 

((/) That the people have a right to education. 

(A) That the people have a right to keep and bear 
arms. 

(t) That the people have a right to assemble to con- 
sult for their common good. [Some technical terms 
and phrases used above are explained in subsequent 
chapters.] 

18. The Stroxo Boxd of our Government. — It is the 
duty of all citizens to support the Constitution and laws, 
in the benefits of which all have an equal share. This 
duty our Constitution imposes in solemn form as an 
essential condition to the exercise of the right of voting, 
or of holding public office in the State. Before any per- 
son can have his name placed on the register or roll of 
electors he must make oath or affirmation that he will 
support the Constitution and laws. 

•• No person shall be allowed to vote without registration, or to regis- 
ter, without first taking an oath or affirmation to support and 
maintain the Constitution and laws of the United States, and 
the Constitution and laws of North Carolina not inconsistent there- 
with." (Constitution of North Carolina, Article VI., Sec. 2, Ap- 
pendix, p. lv.) 

Every citizen who is elected or appointed to a public 
office is required, befqre entering on the duties of his 
office, to take an oath or make an affirmation in the fol- 
lowing words : 



34 CIVIL GOVERNMENT. 

" I, , do solemnly swear (or affirm) that I will support and main- 
tain the Constitution and laws of the United States, and the Con- 
stitution and laws of North Carolina not inconsistent therewith, 
and that I will faithfully discharge the duties of my office. So 
help me God." (Constitution of North Carolina, Article VI., Sec. 
4, Appendix, p. lv.) 

Many persons have religious objection to taking an oath. Such per- 
sons are allowed to affirm instead of swearing. They use the 
form, "I do solemnly affirm" instead of the form, "I do sol- 
emnly swear." (See under affirm at the head of this chapter.) 

The oath or solemn affirmation required from every 
voter, as well as every office-holder, is the contract or 
bond between the citizen and the State. The sanctity of 
an oath is the strong- bond of our government. It is a 

reverent appeal to God as a witness of its faithful per- 
formance. It binds the citizen to support the Constitu- 
tion and laws, even though they may not be in every par- 
ticular what he might desire. The Constitution may not 
be best in every one of its provisions, but it is what the 
people have made it, and the people have power to alter 
or amend it when they please to do so. Until it is 
amended, however, and amended in the way itself pro- 
vides, every citizen must support it as it is. Any citizen 
who will not do this gives his influence to the breaking 
up of our government, and violates his solemn oath.- 

19. How to Amend the Constitution. — The Constitu- 
tion may be amended in this Avay : Proposed amendments 
must be agreed to by three-fifths of each house of the 
General Assembly. After being so agreed to they must 
be submitted at the next election to a vote of the electors 
of the whole State. If a majority of the votes cast are 
for the amendments, they become part of the Constitu- 
tion. As to the calling of a convention to amend the 
Constitution, see Article XIII., Section 1. It also rec- 
ognizes the principle of rule by a majority vote of the 



CONSTITUTION OF NORTH CAROLINA. 35 

people. A convention called in this way is the highest 
representative body. 

The provision that proposed amendments to the Constitution must 
first be considered and agreed to by the General Assembly is 
manifestly a wise one. It would not be convenient for all the 
voters of the State to meet together to discuss the substance and 
language of amendments. This can be much better done by a 
small, deliberative body, who have been experienced in the work 
of legislation, than it could be by a vast number of people. The 
General Assembly put the amendments into suitable form, and 
recommend them to the people. It is then left to the free will of 
the voters to ratify or reject the amendments thus proposed. 

TOPICS FOR EXAMINATION AND REVIEW. 

16. Our present State Constitution. It affirms that all men are cre- 

ated equal, and have unalienable right to life, liberty, and the 
pursuit of happiness. It asserts that all political power is 
vested in the people. One limit — the paramount authority of 
Constitution and Government of the United States. 

17. Bulwarks of freedom. Free elections. No conviction of crime 

except by a jury in open court. Not to be deprived of life, liberty, 
or property but by law. The press to be free. No taxation 
without people's consent. Religious liberty. The people have 
a right to education, to bear arms, and to assemble to consult 
for their common good. 

18. Bond of our Government. All citizens bound to support Con- 

stitution and laws. Oath of affirmation to support Constitution 
and laws required from every voter and office-holder. Every 
office-holder must also swear or affirm that he will discharge his 
duties faithfully. 

19. How to amend the Constitution. First, the amendment must be 

approved by a three-fifths vote of each house of the General 
Assembly, and next, it must he ratified hy a majority vote 
of all the voters of the State. 
Convention called by a majority vote of all the voters who go to 
the ballot-box — the highest representative body. 



CHAPTER III. 



LAWS OF THE STATE. THE GENERAL ASSEMBLY. 



DERIVATION AND EXPLANATION OF TERMS. 



Act. (Latin actus, done.) That 
which is done ; hence, the doing 
of a legislative body in the form 
of a law is called an act. 

Attest. (Latin ad, to, and testare, 
to bear witness.) To certify, or 
bear witness, that something has 
been done. 

Bill. (Latin billa or bulla, an edict 
or roll.) What this word means 
in the process of law-making is 
explained in the subjoined chap- 
ter. 

Capital. (Latin caput, the head.) 
The chief (or head) city of a 
country or state. Capital does 
not mean the largest city. The 
city in which the chief executive 
(governor or president) officially 
resides, and in which the legisla- 
ture meets, is called the capi- 
tal. 

Capitol. (Latin caput, the head.) 
In ancient Rome this name was 
given to the temple of Jupiter, 
the fabled king (or head) of the 
gods. In this country the name 
is given to the building in which 
a legislature meets. The Con- 
• gress of the United States holds 
its meetings or sessions in the 



Capitol at Washington, the Gen- 
eral Assembly of Ndrth Carolina 
holds its sessions in the Capitol 
at Raleigh. 

Code. (Latin codex, the trunk of 
a tree ; a board covered with wax 
which the ancients used for writ- 
ing on ; hence, a book.) A book 
or collection of laws. 

Corporation. (Latin corpus, a 
body.) A body, or company, or 
society, of persons authorized by 
law to carry on business as' a 
single person. 

Enact. (See act above.) To make 
a proposal into a law. The enact- 
ing part of legislation in the Gen- 
eral Assembly of North Carolina 
is the signing of the bill in each 
house by the presiding officer. 

Engross. (French engrosser, to 
make large.) To write in a 
large, legible hand. Important 
legal and other documents are 
sometimes engrossed on parch- 
ment. 

Ex officio. This is a Latin phrase, 
which means by virtue or right 
of office. The lieutenant-gov- 
ernor is, ex officio, president of 
the senate, that is, because, or 



LAWS OF THE STATE. 



37 



by right, of his office as lieu- 
tenant-governor. 
Fine. (Latin finis, the end.) 
Money paid a^ the settlement or 

ending of a matter in dispute. 
A payment imposed as a pen- 
alty upon a person found guilty 
of an offence. 

Senate. (Latin sene.r. old.) The 
senate in ancient Rome was 
the highest legislative power. It 
was composed of elders chosen 
from among the nobility : hence 
the word came to be used as a 
name for the higher or upper 
house of a legislature. The sen- 
ate is always the less numerous 
of the two houses of a legislative 
assembly. 

Session. (Latin sessio, a sitting.) 
The sitting of a court or legisla- 
ture, for the transaction of busi. 
ness. 



Speaker. This word in the sense 
of chairman has come to us from 
the legislature of Great Britain, 
which is called Parliament. The 
lower house of that body is the 
House of Commons, the chair- 
man of which is called the speak- 
er, from the fact that he is the 
speaker for, or mouthpiece of, 
the House in all communications 
or correspondence with other 
bodies or persons. 

Statute. (Latin statuere, to set 
up, to establish.) A law made by 
a legislature. 

Veto. This is a pure Latin word, 
the English of which is, I forbid. 
It is a name given to the power 
vested in kings, in the President 
of the United States, and in the 
governors of some of our States, 
to forbid the enacting of any law 
of which they do not approve. 



20. The Statute Laws. — Besides the Constitution, 
which is the fundamental law, there are other laws called 
statute laws, or statutes. The Constitution entrusts the 
power of making these laws to a body of men called the 
General Assembly. It is one of the three departments 
of the government established by the Constitution, and 
because its duty is to make laws it is called a legislative 
or law-making body. The laws which it makes are called 
" statutes " because they are set up or fixed for the guid- 
ance of the people. The building in which the General 
Assembly meets to make laws is called the Capitol. It is 
situated in the city of Raleigh, the capital of the State. 

The General Assembly. — The General Assembly is 
composed of two bodies or houses — the Senate and the 



38 CIVIL GOVERNMENT. 

House of Representatives. The meetings or sessions of 
the Senate are held in a room in the Capitol called the 
Senate Chamber. Another room or chamber in the same 
building is set apart for the sessions of the House of Rep- 
resentatives. 

Under the Halifax Constitution the branch of the legislature which 
is now called the House of Representatives was called the House 
of Commons. 

21. The Senate is composed of fifty members. The 
House of Representatives has one hundred and twenty 
members. Both Senators and Representatives are elected 
every two years by the voters. For the purpose of such 
election, districts are formed according to a system pre- 
scribed in the Constitution. (See Constitution, Article 
II. Appendix, p. xl.) 

The General Assembly meets every two years, in the 
month of January next after the biennial election. Each 
house has a chairman or presiding officer. The lieuten- 
ant-governor is the presiding officer of the Senate, and 
is called the president. The House of Representatives 
elects one of its own number to be its presiding officer. 
This officer is called the speaker. Each house elects a 
secretary and other officers that may be necessary for the 
transaction of its business. 

Though the lieutenant-governor is president of the Senate, he is not 
elected by the Senate. Pie is elected lieutenant-governor by 
the voters of the State, and he is, ex officio, president of the Senate ; 
that is, by right of his office as lieutenant-governor he is presid- 
ing officer of the Senate. 

22. How the Laws are Made. — The General Assem- 
bly has power to make any law provided it is not 
prohibited by the Constitution of the State, or by the 
Constitution of the United States. Before any proposed 



LAWS OF THE STATE. 39 

measure can become law it must be passed by each 
house, and it must be signed by the presiding officer of 
each house, in the presence of the house. The signing by 
the president and by the speaker is called ratifying' the 
act. The presiding officers cannot refuse to sign any act 
that has been passed by both houses. 

In some Stares of the Union a measure, after passing both houses of 
the legislature, must be signed by the governor in order to become 
law. The governor may refuse to sign if he sees reason to dis- 
approve the proposed measure. This is called the veto power. 
The Constitution of Xorth Carolina gives no veto power to the 
governor. 

The Passing of a Bill. — A measure that is proposed 
to be made into law is called a bill. Any member of 
either house may propose a bill in the house of which he 
is a member. The method of procedure is as follows : 
If we had no law to punish assaults, or if the law that we 
have were imperfect, any member of the Senate or House 
of Eepresentatives might introduce a bill to carry out his 
ideas on this subject. He would first ascertain that there 
is nothing in the Constitution to prohibit such a law. He 
would then consider what punishment ought to be inflicted 
for assault, since a law cannot be enforced without a pro- 
vision for punishment. Having considered the provisions 
of his bill, he would put it in writing in some such form 
as follows : 

a bill to be entitled, 

The General Assembly of Xorth Carolina do 
enact : 

Section 1. That in all cases of assault, with or 
without intent to kill or injure, the person con- 
victed shall be punished by fine or imprisonment 
or both nt the discretion of the court. 



40 CIVIL GOVERNMENT. 

Section 2. That this act shall take effect sixty 
days after its ratification. 
The bill is read aloud in the house to which the mem- 
ber who proposes it belongs ; if the usual course is followed 
it is then sent to a committee, and, after the committee 
report, it is debated and voted upon. If there is a major- 
ity of votes against it, it is rejected. If there is a majority 
for it, it must still be voted on a second and a third time 
in the same house. If it has a majority in each of the 
three votings, it passes the house. But it may be that 
before the bill reaches the third voting or reading, a 
member may propose an amendment (as every member 
has a right to do) in some such a form as the following : 
" Provided that when no deadly weapon has been 
used, and no serious injury done, the punishment for 
assaults, batteries, and affrays shall not exceed a fine 
of fifty dollars, or imprisonment for thirty days." 
The amendment may be debated. Then a vote is taken 
upon it. If the vote is favorable the amendment becomes 
part of the bill. 

When the bill passes its third reading it is written out 
(engrossed) in the exact words in which it has passed, and 
is then sent to the other house, where it must also pass, 
that is, be favorably voted on, three times before it can 
be signed ' by the presiding officers. After passing three 
times in each house it is ratified by the signature of the 
presiding officers, and is then a law or an act. 



While a measure is under discussion in the Assembly, and up to the 
time when it is signed by both presiding officers, it is a bill. The 
moment it is signed, it is an act. The signing is the final stage 
in the process of law-making. The particular purpose of signing 
in the presence of each house is to attest openly the passage of the 
bill into law. 



LAWS OF THE STATE. 41 

After a bill has been read the first time, as already 
stated, it is usually referred to a committee of the house 
in which it is proposed. The object of this course is to 
save time. It would take a great deal of time for a large 
body to carefully consider all the details of an important 
bill, especially if it were long and complicated, as is fre- 
quently the case with bills about railroads and other 
corporations. The committee usually examines the bill 
during the time the house is not in session, and as soon 
as convenient, it reports its opinion of the bill. It msij 
also recommend amendments. The reports of committees 
are not binding on either house, but the members are, to 
a great degree, guided and influenced by the reports in 
giving their votes. A bill can be passed or rejected with- 
out being referred to a committee. 

23. Public Laws axd Private Laws. — Among the 
statute laws there are some which are called public laws, 
and some which are known as private laws. A public 
law may be described as a law in which the whole peo- 
ple are interested ; such as a law for the punishment of 
crime, or a law for the protection of property. A private 
law is a law in which only some of the people, it may be 
a few persons, are directly interested. Among the pri- 
vate laws our statute books contain : 

Acts for incorporating manufacturing and other 
business companies, such as insurance companies, 
banks, building and loan associations, bridge com- 
panies ; and societies, such as benevolent societies, 
historical societies, agricultural societies. 

Acts for incorporating cities and towns, acts pro- 
hibiting the sale of intoxicating liquors in certain 
places, and other acts that relate to government in 
Localities, are called public local laws. 



42 CIVIL GOVERNMENT. 

24. In every session of the General Assembly some 
changes are made in laws, and new laws are enacted. 
There is a constant effort to improve the laws, or, at 
least, to make them what the majority of the voters wish 
them to be. Members of the General Assembly some- 
times find that the Constitution forbids the making of 
some law which they think ought to be made. In such 
case they may propose an amendment to the Constitution. 
The amendment may be effected in the way already ex- 
plained, viz., by a three-fifths vote of the Assembly, and by 
a majority vote of the electors of the State ; or a convention 
may be called for this purpose. All this takes time, but 
it gives opportunity for full discussion and investigation. 

It will, therefore, be seen that there is a constant effort 
to improve not only the statute laws, but the Constitution. 
Whether or not the changes made from time to time will 
prove beneficial, must depend upon the intelligence and 
virtue of the people. 

If any persons who are not members of the General Assembly desire that 
a law should be altered, or a new law proposed, they may make 
known their desire to their representatives in the Assem- 
bly, and request them to propose the desired law or change in the 
law. 

25. Publication of the Laws. — Written copies of all 
laws enacted by the General Assembly are sent to the 
Secretary of State. The Secretary of State sends them to 
the public printer by whom they are printed and made 
into books. Copies of the books are sent by the Secre- 
tary of State to the governor and other public officers, 
and to the law courts of the State. This takes consider- 
able time, during which the people have but little knowl- 
edge of the new laws except what they get from the news- 
papers. Before the laws can be officially published the 
newspapers tell us about them. While bills are under dis- 



LAWS OF THE STATE. 43 

cussion in the General Assembly we find in the news- 
papers what they are about, and what is proposed in them. 
In this way the people come to know about the new laws 
before they are published in books. 

26. The Common Law. — The laws made by the Gen- 
eral Assembly are the statute laws. They are published 
in volumes, and the whole body of statutes is called The 
Code. Since it was published, there have been a number 
of General Assemblies that have passed other public 
statutes, and made changes which are not now embodied 
in The Code. Besides The Code and other public statutes 
passed since it was published, there is what is known as 
the common law. This consists of the "established 
customs " of centuries, or, as it is called, " immemorial 
usage." 

M Common law, the unwritten law, the law that receives its binding 
force from immemorial usage and universal reception, in distinc- 
tion from the written or statute law." — Webster. 

In Xorth Carolina, if there is no statute law on any 
question in dispute, the common law is applied to the 
case, provided it is not opposed to the principles of the 
Constitution. 

Every citizen ought to have as good a knowledge of 
the laws as it is possible for him to obtain. A thorough 
knowledge of them can be had only by long and patient 
study. But by reading the newspapers, and listening, 
when convenient, to the expositions of law given by 
judges in our courts, a person may get a general idea 
of what our laws require and permit. This is all that 
most persons can be expected to know about the laws. 
Amid the innumerable conflicts about the protection of 
the lives, liberty, and property of hundreds of thousands 
of people, there must necessarily arise many questions and 



44 CIVIL GOVERNMENT. 

points of law, with the bearings of which only lawyers 
can be expected to be familiar. 

Ignorance of the law no excuse for breaking the law. The 

duty of obeying the law is, however, rigidly binding on all, so 
much so that ignorance of the existence of a law will not be 
admitted in a court as an excuse for a violation of it. 

TOPICS FOR EXAMINATION AND REVIEW. 

20. Statute laws are made by the General Assembly. The Assembly 

meets at Raleigh, in the Capitol. It consists of two houses — the 
Senate and House of Representatives. 

21. The Senate has fifty members ; the House of Representatives, one 

hundred and twenty. They are elected every two years by the 
voters of the State. They meet every two years, in January, after 
election. The lieutenant-governor is, ex-officio, President of the 
Senate. The speaker is presiding officer of the House of Rep- 
resentatives. How both are elected. 

22. The General Assembly can make any law not forbidden by the 

Constitution. A proposed law must pass three times in each 
house. Must be signed by the presiding officer of each house. 
This is enacting a law. Form of a bill, "The General Assem- 
bly do enact." A hill becomes an act when it is signed. Bills are 
referred to committees. 

23. Public laws concern all the people. Private laws are laws in 

which only some persons are directly interested. Acts for incor- 
porating companies or societies are private laws. 

24. Laws are changed, and new laws made every session. Constant 

effort to improve the laws. 

25. New laws are printed and published in book form. They are 

sent to public officers and to the courts. This is official publica- 
tion of the laws. Through the newspapers and the courts the 
people get information about bills and laws before publication. 

26. The Public Statutes printed in books are called The Code. Com- 

mon law is the "unwritten law," the "established custom " of 
centuries. Every citizen ought to have as good a knowledge of 
the laws as can be obtained. 



CHAPTER IV. 



ADMINISTRATION OF THE LAW. 



DERIVATION AND EXPLANATION OF TERMS. 



Bail. (French baffler, to deliver.) 
To set a prisoner free on security 
given by some person that the 
prisoner will appear in court 
when wanted for trial. A pris- 
oner awaiting trial for a serious 
crime, such as murder, cannot be 
bailed. A person charged with 
less offences may be bailed, and 
such offences are called bailable. 

Capital. (Latin caput, the head.) 
A capital crime is a crime the 
legal penalty of which is death ; 
a crime for which one forfeits the 
head or life. 

Client. (Latin ch'ens, one who 
puts himself under the protection 
of another.) The person whom 
a lawyer pleads for or defends 
in a trial is the lawyer's client. 

Convict. (Latin eonvictus, thor- I 
oughly proved.) To find or pro- 
nounce an accused person guilty, 
a jury convicts a prisoner. 
The person found guilty is called 
a convict. 

Court. (Latin coTwrs, an ei 
ure.) In law, the hall or room 
in which a judge sits to try 
-. and administer justice 



The word is also used to mean 
the judge or judges, as, "the 
Court pronounces sentence ;" that 
is, the judge pronounces sentence. 
To pronounce sentence is to pass 
judgment on a convict, to de- 
clare what punishment is to be 
inflicted upon him. 

Evidence. (Latin e, out of, and 
videre, to see.) That which 
makes a thing evident or clearly 
seen. A statement made or in- 
formation given by a witness in a 
trial. 

Indictment. (Latin in, into, and 
dicere, to say.) A written charge 
or statement of crime presented 
to a court against an accused per- 
son. 

Infamous. (Latin in, not, and 
fama, fame, reputation, good 
name.) Of ill fame, base, dis- 
graceful. 

Justice of tlie Peace. A judge 
of an inferior court in which per- 
sons charged with light offences 
are tried. 

Jury. (Latin jurare, to swear.) A 
body of men sworn to inquire 
and declare the truth as to 



46 



CIVIL GOVERNMENT. 



whether a person charged with 
crime is guilty or not guilty. 
The judge decides on questions 
of law, the jury determines the 
question of fact as to guilt or in- 
nocence. Grand Jury. A great 
jury. (French grande, great.) 
One having greater or more ex- 
tended functions than the trial 
jury, which is sometimes called 
the petit jury. 

Militia. (Latin miles, a soldier.) 
The militia are soldiers who are 
called to service only in times of 
war, or when there is rioting or 
disturbance of the peace that 
cannot be suppressed by the civil 
power (the sheriff and police). 

Naval. (Latin naves, a ship.) The 
naval forces are the government 
war-ships and the officers and 
men engaged in them. 

Penalty. (Latin pcena, punish- 
ment.) In law, the punishment 
inflicted upon a person found 
guilty of crime. 

Presentment. ' ' The notice taken 
by a grand jury of any offence 
from their own knowledge or 
observation, or from information 
received from other persons with- 
out any bill of indictment laid 
before them." — Webster. 

Prosecute. (Latin pro, forward, 
and sequi, to follow.) To accuse 
a person of crime and to proceed 
against him with the view to his 
conviction and punishment. 

Sheriff. (Old English shireve.) 



The chief public officer of a 
county, whose duty it is to exe- 
cute the law. 

Solicitor. One who solicits. Inlaw, 
an attorney, a lawyer. 

Summon. (Latin sub, under, and 
monere, to admonish, to advise.) 
In law, to order or require a per- 
son to appear to give evidence. 

Subpoena. (Latin sub, under, and 
poena, punishment.) A summons 
to attend court, under penalty of 
fine or imprisonment for failure 
to appear. 

Term. (Latin terminus, a limit or 
boundary.) The period (or limit 
of time) during which a court is 
open for trials. 

Verdict. (Latin verum dictum, a 
true saying.) The verdict of a 
jury is taken to be a true saying 
whether the accused person is 
guilty or not guilty. 

Warrant. (French garantir, to 
vouch.) A paper or document 
authorizing an officer of the law 
to arrest a person accused of 
crime. 

Witness. (Anglo-Saxon witan, to 
know.) One who attends at a 
trial in a court and tells what he 
knows about the case. 

Writ. (From ivrite.) "An instru- 
ment in writing (a written paper) 
issued from the proper authority, 
commanding the performance or 
non-performance of some act by 
the person to whom it is directed." 
— Webster. 



27. Administration of the Law: an Illustration. — 
As it is the duty of citizens to obey the law, it is the duty 



ADMINISTRATION OF THE LAW. 47 

of the officers of the law to enforce obedience and to 

punish those who disobey. How this is done in certain 
cases may be explained by an illustration. 

Let us suppose that A. B. has assaulted some person by 
striking him. The person assaulted, or some one on his 
behalf, gives information, under oath, to a justice of the 
peace. The justice issues a warrant for the arrest of A. B. 
The warrant is given to a constable or sheriff, whose 
duty it is to arrest A. B. and take him before the justice 
for trial. If it is known that there have been witnesses of 
the assault, the justice issues a subpoena (sometimes called 
a summons ) and the constable or sheriff serves it on them ; 
it requires them to attend the trial to give evidence. The 
witnesses must take an oath that they will tell the truth, 
and the whole truth. They are then examined (questioned) 
by the justice as to what they saw A. B. do on the occasion 
of the assault. A. B. may employ a lawyer to defend 
him, and if he does so, the lawyer may examine the wit- 
nesses. If the justice, after full investigation of the case, 
thinks that the evidence proves A. B. guilty, and if he 
finds that no deadly weapon was used, and no serious 
injury done, he pronounces A. B. guilty, and .may order 
him to pay the fine specified in the law, or a smaller fine, 
if, from the facts of the case, he thinks that A. B. does 
not deserve so severe a punishment. The justice can 
imprison or fine him, but the punishment " shall not exceed 
a fine of fifty dollars or imprisonment for thirty days." 
If the offence is one of which the justice has not jurisdic- 
tion, he must examine the witnesses, and, if there is prob- 
able cause, bind the accused to the Superior Court, and 
commit him to jail to await trial by the Superior Court, 
which is a higher court. 

28. Trial by Jury. — But perhaps A. B. may feel that 
he has not got justice. lie may think that the trial has 



48 CIVIL GOVERNMENT. 

not been a fair one. In this case he may appeal; that 
is, he may ask for another trial in a higher court. The 
second trial takes place in the Superior Court of the 
county, which is presided over by a judge. In this trial 
the guilt or innocence of A. B. is determined, not by the 
judge, but by a jury, sometimes called a petit jury. 

A jury (petit) is a body of twelve men who are chosen from the citi- 
zens of the county in which the trial takes place. It is the duty of 
the jury to say, after hearing the evidence and the law, whether they 
find the accused person to be " guilty " or " not guilty." This is 
called a verdict. The jury must give their verdict according 
to the evidence and the law. No matter if the accused per- 
son is of bad character, no matter if the members of the jury 
personally know him to be a criminal, they must find him " not 
guilty " if the evidence given at the trial does not prove him to 
he guilty of the offence with which he is then charged. The jury 
have to take an oath that they will give a verdict according to 
the evidence and the law. If A. B. had desired he might have 
demanded a jury of six men in the justice's court to decide upon 
his guilt according to the evidence. 

In the second trial of A. B. the witnesses are again 
examined. The judge may question them, and the lawyer 
or lawyers, and any of the jury, may put questions. After 
full examination, the lawyer employed by A. B. may 
address the jury in behalf of his client. Another lawyer 
(the solicitor) is present to prosecute A. B. on behalf of 
the people. He also may address the jury, and endeavor 
to show that the evidence proves A. B. to be guilty. 

When a person commits a crime, such as assault or burglary, it is a 
crime against the State ; that is, against the people, as well as 
against the person who is assaulted or robbed. The State law has 
been violated, and there is a public officer whose duty it is to appear 
in court and prosecute the criminal in the name of the State or 
people. This officer is the solicitor. His duties will be more fully 
explained later on. 

After the lawyers on both sides have spoken, the judge 



ADMINISTRATION OF THE LAW. 49 

makes an address to the jury, in which he reviews the 
evidence, and explains the law bearing on the case. The 
judge is forbidden to express an opinion as to the factso 
This is called the judge's charge to the jury* The jury- 
then retire to a private room to consider what the ver- 
dict ought to be. \Yhen they have agreed upon a verdict 
they return to the court. 

The jury niust he unauimous. The verdict of the jury must be 
the verdict, not of a majority of the twelve, but of all the jury. 
This is a departure from the republican principle that the will of 
the majority should prevail. It is, however, a wise as well as a 
merciful provision. The spirit of our law is that "it is better 
that ninety-nine guilty men should escape than that one 
innocent man should suffer punishment." A person accused 
of crime is entitled to the benefit of every reasonable doubt as to 
his guilt. The verdict of " guilty " or " not guilty " must, there- 
fore, be the verdict of every man of the twelve. If the jury cannot 
agree on a verdict they are discharged, and there may be another 
trial with a new jury. 

If the jury finds A. B. " not guilty," the judge orders 
him to be discharged from custody, and he goes free. 
But if the verdict is " guilty," the prisoner must undergo 
the punishment imposed by the judge in accordance with 
the law. 

29. A. B. may, however, appeal to a still higher 
court. There may be some points of law on which his 
lawyer may think that the judge gave wrong instructions 
to the jury. Or the judge may have refused to allow cer- 
tain evidence to be given, which A. B.'s lawyer thinks 
ought to have been admitted in justice to his client. On 
such points A. B. may appeal to a higher court, called the 
Supreme Court. If the Supreme Court decides that the 
iudge in the second trial was wrong on the points of law, 
A. B. must have another trial. But if the Supreme Court 
decides that the judge was right, A. B. can make no 
4 



50 CIVIL GOVERNMENT. 

further appeal. He must submit to the sentence pro- 
nounced upon him. 

This illustration of the supposed trial demonstrates in two ways the 
wisdom and justice of our system of government. It 

shows : 

First, that while the government is rigid in enforcing the law, it gives 
accused persons every reasonable opportunity of defence; and 

Second, that trial by jury of twelve men, requiring all to agree on a 
verdict, is an excellent security against oppression or in- 
justice — the safeguard of liberty, and at the same time an efficient 
means of bringing the guilty to punishment. 

30. Writ of Habeas Corpus. — The law of habeas cor- 
pus is one of the most valuable, of the securities of per- 
sonal liberty. In former times in England a man might, 
without trial, be deprived of his life or liberty by the 
agents of government. That cannot be done in England 
now, nor in our own country can any person be unjustly 
detained in prison, or put to death except after trial and 
conviction by a jury. If any person is deprived of his 
liberty without just cause, his remedy is in a writ of habeas 
corpus. He or some other person may make application to 
any judge for a writ. The judge on hearing the application 
must issue a writ ; that is, an order to the keeper of the 
prison in which the person is detained, commanding him 
to produce the person in court. This order must be 
obeyed. When the person is produced in court the judge 
sets him* free if the charge against him is not lawful or is 
not sustained by sufficient evidence. If there is sufficient 
evidence to put him on trial he gets a speedy trial, and 
pending trial he is bailed, if the oifence charged against 
him is a bailable one. 

Habeas corpus are Latin words the translation of which is, you may 
have the body. The judge's writ is, in effect, a permission or 
order that he or his friends may have the body ; that is, that the 
prisoner must be taken out of jail and produced in court. 



ADMINISTRATION OF THE LAW. 51 

31. The Grand Jury. — The Constitution of North 
Carolina says, Article I., Section 12, that "No person 
shall be put to answer any criminal charge, except as 
hereinafter allowed, but by indictment, presentment, or 
impeachment." Section 13, of Article I., allows the legis- 
lature to provide other means than the jury for the trial 
of petty misdemeanors, with the right of appeal. 

This means that before any person can be put on trial 
for a criminal charge, other than a petty misdemeanor 
otherwise provided for by the legislature, a statement 
of the charge against him must be made in writing, and 
presented to the judge by a grand jury. The grand 
jury is composed of eighteen citizens, who must be per- 
sons of good moral character and intelligence, and other- 
wise qualified according to law to act as jurors. Twelve 
of the members of the grand jury must consent before an 
indictment can be found. 

In every county there are officers called the board of county com- 
missioners. It is a part of their duty to carry out the law relating 
to the formation of juries. This is how it is done. The commis- 
sioners write on separate slips the names of all citizens resident in 
the county, who are qualified to serve as jurors. The slips are put 
into a box, and. in the presence of the commissioners, a child 
who is supposed not to be able to read draws from the box 
thirty-six slips. The thirty-six slips are put into another box 
from which, in the presence of the court, eighteen slips are drawn 
by a child. The persons whose names are on these eighteen slips 
form the grand jury. Out of the remaining eighteen the trial jury 
is chosen. A grand jury is composed of not less than twelve, and 
not more than twenty-three. The law of North Carolina requires 
that the grand jury shall not be less than eighteen. The object of 
having the slips drawn by a child who cannot read is to satisfy 
everybody that the jury is fairly formed. The law is strict in 
requiring that juries shall be impartially chosen. For every 
term of the Superior Court there is a new grand jury, and there 
are at least two regular terms every year. 



52 CIVIL GOVERNMENT. 

It is the duty of the grand jury to call the attention of 
the court, by indictment or presentment, to every case of 
known crime that has not been legally disposed of by a 
justice of the peace, or otherwise. Any citizen who 
knows that a crime, has been committed, and that the 
guilty person has not been brought to trial for it, 
may give information thereof to a grand juror. The 
grand jurors themselves may hear of crime for w r hich no 
person has been put on trial. It is, therefore, to be ex- 
pected that violations of the criminal law that occur in 
the county will, in some w r ay, come to the knowledge of 
the grand jury. 

The grand jury are sworn to investigate all cases of 
violation of the criminal law that have not been legally 
disposed of. They hold their sessions in private. If the 
grand jury think it probable that a crime has been com- 
mitted, and that sufficient evidence can be had to convict 
in any case before them, they make out a presentment, 
that is, a statement of the facts, and send it to the Supe- 
rior Court. Although in making a presentment the grand 
jury examines no witnesses under oath, yet they name the 
persons who probably can give the necessary information. 

32. In such a case as that of the charge of assault 
against A. B., if A. B. had not been tried by a justice of 
the peace, the grand jury presentment would be in some 
such form as follows : 

State of North Carolina, | Spring term, 
County. ) 18 . . 

The jurors for the State, upon their oath, pre- 
sent A. B. for an assault upon the body of C. D. 
Summon for the State E. F. and G. H. 
(Signed) L. M., 

Foreman. 



ADMINISTRATION OF THE LAW. 53 

The juror who presides at the session of the grand jury is called the 
foreman. " Summon for the State E. F. and Gr. H.," in the above 
form, means that the persons whose initials are given are to be 
summoned as witnesses for the State against the accused A. B. 

After the presentment is made the solicitor writes out 
a bill of indictment, writes on it the names of the wit- 
nesses, and sends it to the grand jury. They again con- 
sider the case, and if twelve of their number are satisfied 
that the evidence against the accused is sufficient to con- 
vict, they write on the back of the bill the words, a true 
bill. It is then sent to the court. The bill of indictment 
in the supposed case of A. B. would be in the following 
form : 

State of North Carolina, I Fall term, 
County. \ 18 . . 

The jurors for the State, upon their oath, pre- 
sent that on the .... day of ... . 18 . . , in the 
county and State aforesaid, A. B. then and there 
being, an assault upon the body of C. D. did then 
and there make. And him, the said C. D., did 
beat, wound, and ill-treat to the great damage of 
him, the said C. D., against the ]Seace and dignity 
of the State. 

(Signed) S. R, 

Solicitor. 

In the first investigation the grand jury had no authority to call wit- 
nesses. They got information of the assault, perhaps from some 
of their own number, or from E. F. and G. H. In the second 
investigation they examine, under oath, the witnesses whose 
names are marked on the bill of indictment, they having been 
summoned by order of the solicitor. 

After the bill of indictment is presented, A. B. is taken 
to court and tried by a judge and jury. 



54 CIVIL GOVERNMENT. 

While the course above illustrated is the one usually 
followed, it is not necessary that the first step shall al- 
ways be taken by the grand jury. The solicitor may, if 
he has sufficient evidence, send a bill of indictment to 
the grand jury, even though they have not made a pre- 
sentment, or given any consideration to the case. 

The grand jury may be said to be the eyes of the court. It is their 
duty to see for the court, to inquire into, and call the court's 
attention to violations of the criminal law. They are sworn to do 
this. They are also sworn to secrecy as to what passes at their 
sessions. Each juror is sworn to keep secret his own counsel and 
that of his fellow-jurors. The grand jury are the eyes of the 
court and a terror to the evil-doers. It is not unusual that pre- 
sentments are found at one term of the court, and indictments 
based upon these presentments found by another grand jury at 
the next term of court. 

TOPICS FOR EXAMINATION AND REVIEW. 

27. The officers of the law must enforce obedience and punish 

those who disobey. Suppose A. B. commits an assault. Informa- 
tion is given to a justice of the peace. Pie issues a warrant. A. 
B. is arrested. Witnesses are summoned. They must take an 
oath to tell the truth. If A. B. is found guilty he is fined or 
imprisoned. 

28. A. B. may appeal to Superior Court. He is then tried by a jury. 

A jury is twelve men sworn to give a verdict according 
to the evidence. The jury must be unanimous. 

29. If A. B. is convicted in the Superior Court he may again appeal. 

The judge may have given wrong decisions on points of law or 
evidence. A. B. may appeal on such points to the Supreme Court. 
If the Supreme Court decides in his favor he gets a new trial; if it 
decides against him he must submit to the sentence of the judge. 
There is no further appeal. Trial by jury a protection 
against oppression. 

30. Habeas corpus. A valuable security of personal liberty. If a 

person is wrongfully imprisoned, a judge will grant a writ of 
habeas corpus. The person must be produced in court, and set 
free or put on trial. 



ADMINISTRATION OF THE LAW. 55 

31. For a capital or infamous crime a person must be indicted by a 

grand jury. How the grand jury is formed. The County 
Commissioners put in a box on slips of paper the names of those 
qualified. A child, draws thirty-six names from the box. 
From these, eighteen are drawn to form the grand jury. The 
grand jury must present or indict in every case of known crime 
not tried by a justice of the peace. Any citizen may give infor- 
mation of crime to a grand juror. The grand jury hold their 
sessions in private. 

32. Form of grand jury presentment. After presentment the solicitor 

makes bill of indictment and sends it to the grand jury. If 
the grand jury have sufficient evidence they mark it a true bill 
and send it to the court. The accused is then tried by judge and 
jury of twelve men. 



CHAPTEK Y. 



THE EXECUTIVE DEPARTMENT. 



DERIVATION AND EXPLANATION OF TERMS. 



Appropriation. (Latin ad, to, 
and proprius, one's own.) To ap- 
propriate is to take something for 
one's oivn use. An appropriation 
means a grant of money made by 
a legislature for some public pur- 
pose. 

Assess. (Latin assessare, to value 
for taxation.) Assessment, valu- 
ation of property with a view of 
taxation ; the sum charged as tax 
upon property or persons. As- 
sessor, one who fixes the value of 
property for taxation. 

Auditor. (L*atin audire, to hear.) 
One who listens or hears ; in a 
special sense, one who examines 
(audits) books or papers in which 
accounts of money transactions 
are kept, the purpose of such ex- 
amination being to ascertain if 
the accounts are correct. 

Candidate. (Latin candidus, 
white.) In ancient Rome a white 
toga or gown was worn by per- 
sons seeking public office ; hence 
the word candidate, which means 
a person applying or nominated 
for an office. 

Commissioner. (Latin con, to- 
gether, and missus, sent.) A per- 



son sent or authorized to do some 
special business. (The duties of 
county commissioners are ex- 
plained in Chapter VII.) 

Commutation. (Latin con, to- 
gether, and mutare, to change.) 
A change of punishment from 
greater to less. In case of a per- 
son sentenced to death, the gov- 
ernor of the State may change 
the punishment to imprisonment 
for life. This would be a com- 
mutation of sentence. 

Deed. Something done. In a spe- 
cial sense, " a sealed instrument 
(paper) in writing containing 
some transfer, bargain, or con- 
tract." — Webster, 

Docket. Dock, to clip or cut off a 
part. A book, or lists, in wmich 
are written particulars of the 
cases to be tried in court. 

Fiscal. (Latin fiscus, a moneybag.) 
Relating to the revenue, or money 
matters, of the State. 

Plurality. (Latin plus, more.) 
Majority. (Latin major, great- 
er.) The use of these w T ords in a 
political sense is explained on 
page 57. 

Reprieve. (Latin re, back, and 



THE EXECUTIVE DEPAKTMEXT. 57 



probare, to try.) Literally, to try 
a person again, to delay ex- 
eention of sentence on a crim- 
inal. 

Subject of Taxation. That which 
maybe oris proposed to be taxed. 

Warrant; In a special sense, an 



order authorizing a public officer 
to execute some decree or judg- 
ment of a court. The auditor's 
warrant to the treasurer is a writ- 
ten order authorizing the treasur- 
er to pay money to a person legally 
entitled to receive it. 



33. Executive Department. — The Executive depart- 
ment of a government is that department which has 
charge of the duty of seeing that the laws are executed, 
or carried out. This department is usually divided into 
a number of branches, or subordinate departments, each 
under the direction of an officer who is either appointed 
by the chief Executive, or elected by the people. 

In Xorth Carolina the Executive department consists 
of the governor, the lieutenant-governor, the secretary of 
State, the treasurer, the auditor, the superintendent 
of public instruction, and the attorney-general. All 
these officers are elected by the qualified voters of the 
State, and they hold office for a term of four years. 
Any citizen having the qualifications required by the 
Constitution may be proposed as a candidate for, and if 
elected may hold, any of those offices. Usually each 
political party nominates (proposes) a candidate for each 
office. The candidate who receives a majority or plurality 
of votes is elected. 

Majority and plurality are words which seem ranch alike in mean- 
ing, one being derived from a Latin word which signifies greater, 
and the other from a Latin word signifying more. In their use 
in reference to votes cast at an election they have not. however, 
the same meaning. Majority means more than half of the total 
votes cast for all the candidates for the same office: plurality 
means more than have been cast for any other candidate. For 
example, if there are three candidates for the sau&e office, and one 
receives twenty votes, another thirty, and the third fifty ; the 



58 CIVIL GOVERNMENT. 

candidate who receives the fifty votes has a plurality, because he 
has received more votes than either of the other two, but he has 
not a majority, because he has not received more than half the 
total of a hundre'd votes cast for all the three candidates. If one 
of the three receives sixty votes, and the others twenty each, the 
person receiving the sixty has a majority, because he has received 
more than half the total votes cast. 

Elections in North Carolina are conducted in accord- 
ance with laws made by the General Assembly. The 
duties of the principal public officers of the State are also 
prescribed by laws made by the General Assembly, 
except certain duties of the governor and lieutenant-gov- 
ernor which are prescribed by the Constitution. (How 
elections are conducted is explained in Chapter IX.) 

34. The Governor. — The office of governor is the 
highest of our State offices. The Constitution prescribes 
that in the governor " shall be vested the supreme 
executive power of the State." 

The qualifications for governor are set forth in the 
Constitution. Before election 

He must be not less than thirty years of age. 
He must be a citizen of the United States for 
five years. 

He must be a resident of North Carolina for 
two years next before the election. 

The Constitution says that a person elected to the 
office of governor shall not be "eligible to the same 
office more than four years in any term of eight years." 
This means that a person cannot be governor for two 
terms, one immediately following the other. 

35. Duties of Governor. — Before entering on the 



THE EXECUTIVE DEPARTMENT. 59 

duties of his office, the governor must take an oath, 
or make affirmation, that he will 

" Support the Constitution and laws of the 

United States, and of North Carolina, and that 
he will faithfully perform the duties appertaining 
to the office of Governor." 

Among the duties and powers of the Governor as 
specified in the Constitution, are the following : 

He shall reside at the seat of government of 

the State ; that is, in the city of Raleigh. 

He shall, from time to time, give the General 
Assembly information of the affairs of the State, 
and recommend to them the making of such laws 
as he may think necessary. 

He shall have power to grant reprieves, com- 
mutations, and pardons, to persons convicted of 
crime. 

He shall be commander-in-chief of the State 
Militia. 

He shall, when he thinks necessary, and with the 
advice of the Council of State, call extra, sessions 
of the General Assembly. 

He shall appoint all officers whose offices are 
established by the Constitution, and whose appoint- 
ments are not otherwise provided for. 

He shall take care that the laws are faithfully 
executed, and he may at any time call upon any 
of the officers of the Executive department for 
information as to the business of their offices. 

He must keep in his possession the Seal of the 
State, which shall be used by him whenever re- 
quired. 



60 



CIVIL GOVERNMENT. 



The Seal is called " the great Seal of the State of North Caro- 
lina." It is an engraved stamp, or die, an impression of which is 
required on important papers or documents relating to State 

affairs. The impression, which 
is also called the seal, indicates 
that the document is duly au- 
thorized or ratihed. 



The governor may be 
impeached, that is, put 
on trial, for any grave 
violation of the duties of 
his office. In such case 
the court of trial is the 
Senate, and during the 
trial the chief justice of 
the Supreme Court pre- 
sides. A vote of two-thirds of the senators present is 
required for conviction. If convicted the punishment is 
removal from office and disqualification to hold any 
office in the State. (The form of procedure in impeach- 
ment is explained in Chapter YI.) 

Under the statute laws of the General Assembly the 
governor has many powers and duties. 




He is the sole official organ or medium of com- 
munication between the Govern ment of North 
Carolina and the Government of the United States, 
or of other States. 

He has general supervision of the official conduct 
of all executive and ministerial officers of the State. 

He must see that all public offices are filled, 
and the duties properly performed. 

He appoints officers in all departments whose 
appointments are not otherwise provided for. 



THE EXECUTIVE DEPARTMENT. Gl 

36. The Lieutenant-Governor. — The same qualifica- 
tions as to age and period of residence in .the United 
States, and in the State of North Carolina, as are required 
for persons elected to the office of governor, are required 
for persons elected to the office of lieutenant-governor. 

The lieutenant-governor is president of the Senate, but 
he has no right to vote in that body unless it is equally 
divided on any question. 

The Senate is equally divided when, on any proposal being voted on, 
the same number of senators vote for the proposal as vote against 
it. • If twenty senators vote for any proposal, and twenty vote 
against it, there is an equal division. In such case, the presi- 
dent (the lieutenant-governor) may vote for either side, otherwise 
the question would remain undecided, there being no majority for 
or against. 

The lieutenant-governor may become governor under 
certain circumstances : 

If the governor is convicted on impeachment. 

If the governor fail to qualify, that is, to take 
the oath of office. 

If the governor is absent from the State. 

If the governor is unable to discharge the duties 
of his office. 

If the office shall, in any way, become vacant. 

In any of these cases the lieutenant-governor becomes 
governor, and holds that office " until the disabilities (of 
the governor) shall cease, or a new governor shall be 
elected and qualified." 

The governor's failure to qualify, or his absence from the State, would 
be a disability, and such disability would cease by the governor's 
qualifying, or returning to the State, if the disabilities do not 
cease, the lieutenant-governor holds the office of governor until the 
installation of the governor elected at the next regular election. 



62 CIVIL GOVERNMENT. 

37. The Secretary of State. — The statute law pre- 
scribes the duties of the Secretary of State. It is his duty : 

To receive all laws enacted by the General As- 
sembly, to have them printed in bound volumes, 
and to have copies sent to justices of the peace, 
and to the State and county officers. 

To issue grants of public lands, and to keep in 
his office a complete record of all such grants. 

To purchase fuel and stationery for all the de- 
partments of State, and to furnish at cost all blank 
books required by the county commissioners, the 
register of deeds, clerks of the Superior Courts, 
county treasurers, and dockets for justices of the 
• peace. 

To examine the affairs of all insurance companies 
that do business in the State. 

To have custody of the statutes and resolutions 
of the General Assembly, and all documents which 
bear the Seal of the State. 

38. The Auditor. — The duties of the auditor, which 
are prescribed also by statute, are connected with the 
fiscal affairs of the State, of which he has general super- 
intendence. It is his duty : 

To make full reports to the General Assembly of 
the income and expenditure of the State, and to 

make suggestions to the Assembly for the improve- 
ment and management of the public revenues. 

To direct and superintend the collection of all 
moneys due to the State, to settle with sheriffs, 
tax collectors, and other persons indebted to the 
State, and to certify to the treasurer all amounts 
due. 



THE EXECUTIVE DEPARTMENT. 63 

To examine all money claims against the State, 
and to issue his warrant on the treasurer for pay- 
ment, if there is authority of law for such payment. 

To prepare blanks to be used in assessing and 
listing property for taxation. On the blanks he 
enters the headings of the various subjects for tax- 
ation which are mentioned in the revenue laws, 
and he sends the blanks to the county commission- 
ers of all the counties of the State. (Our system 
of levying taxes is explained in Chapter X.) 

39. The Treasurer. — The treasurer's duty, prescribed 
by statute law, is 

To receive all moneys paid into the treasury 

of the State. 

To keep a bank-book, in which shall be entered 
an account of his deposits of money in, and draw- 
ings of money from, the banks, and to exhibit the 
book to the auditor for his inspection on the first 
. Tuesday in every month, and of tener if required. 

To make all payments for which he has received 
legal warrants from the auditor. (Xo money can 
be paid out of the treasury except on the auditor's 
warrant.) 

To send to the General Assembly statements 
showing the amount of money received, and the 
amount expended, by the treasury during the pre- 
ceding fiscal years, and showing the balance in the 
treasury to the credit of the State. 

The treasurer is ex officio treasurer of the hospitals for 
the insane, and of some other public institutions for which 
the General Assembly makes appropriations. 



64 CIVIL GOVERNMENT. 

Valuable Reports. — The auditor's and treasurer's reports to the 
General Assembly contain information of the amount of property 
in the State, and information regarding subjects of taxation ; that 
is, property upon which taxes may be or are assessed. These 
reports are, therefore, of great use to the members of the Assem- 
bly in the consideration and discussion of proposed revenue laws. 

40. The Attorney-General. — The attorney-general is 
the law agent and law adviser of the Executive depart- 
ment. It is his duty : 

To represent and act for the State in all law 
cases in which the State is interested. 

To give his opinion and advice on all questions 
of law submitted to him by the General Assembly, 
or either of its houses, or by the governor, auditor, 
treasurer, or other principal State officer. 

To consult with and advise the solicitors when 
requested by them, on business relating to the 
duties of their offices. 

When any citizen has occasion to take law action against any person, 
or when he needs advice on a question of law, he employs and pays 
a lawyer to take the action for him, or to give him the advice 
required. The attorney-general is the officer who gives advice 
on law to the General Assembly, and to the heads of the 
different branches of the Executive department, and who conducts 
or defends law actions in the courts on behalf of the Executive 
department, whenever there is occasion for it. 

41. The Superintendent of Public Instruction. — The 
public school law, enacted by the General Assembly, 
requires that 

" The Superintendent of Public Instruction shall 
direct the operations of the public schools, 

and enforce the laws and regulations relative 
thereto." 



THE EXECUTIVE DEPARTMENT. 65 

It is the duty of the superintendent : 

To see that the public schools of the State are 
properly managed and conducted. 

To keep himself informed as to the financial and 
other needs of the schools ; and 

To report to the General Assembly, through the 
governor, making such recommendations for the 
improvement of the schools as he may deem wise. 

42. The Council of State. — The Council of State con- 
sists of the secretary of State, the auditor, the treasurer, 
and the superintendent of public instruction. It is the 
duty of the council to advise the governor in matters 
relating to the business of his office. Their advice and 
proceedings as a council are recorded in a book or journal, 
and the journal is placed before the General Assembly 
when called for by either house. 

The Board of Railway Commissioners. — Three men 
constitute this board. They are elected by the General 
Assembly for six years. Their terms are arranged so 
that one is elected every two years. Their duties are 
prescribed by the General Assembly. They have the 
general supervision of the railroad and other transporta- 
tion companies in the State, and also of the telegraph and 
telephone companies. Complaints as to violations of law 
by these companies may be made to this board, which 
has large powers to redress wrongs as well as to fix rates 
of transportation of freight and passengers. They also 
value for taxation the property of these companies. 

The Commissioner of Labor Statistics. — This officer 
has for his duty the collection and publication of informa- 
tion about labor and capital. The object principally aimed 
at is to set forth the wages paid men and women who 
labor in the various industries of the State, their educa- 
5 



66 CIVIL GOVERNMENT. 

tional and social condition, and their relation to capital — 
all with the view of devising means of promoting the 
harmony and prosperity of all classes of the people, and 
of reconciling the conflicts between labor and capital. 
The commissioner is appointed by the governor, with the 
consent of the Senate. 

State Geologist, Librarian, Adjutant-General. — 
The State geologist is required to make a thorough 
survey of the State and make reports, in order to bring 
into notice the minerals, water-powers, timber, and other 
resources of the State. 

The librarian has charge of the State Library, which 
is kept in the Supreme Court building in Kaleigh. He is 
under the supervision of the governor, secretary of State, 
and the superintendent of public instruction. 

The adjutant-general has charge of the State Guard. 
He is appointed by the governor, and is under his control 
as commander-in-chief. 

TOPICS FOR EXAMINATION AND REVIEW. 

33. The executive department has charge of the execution of the 

laws. It consists of the governor, lieutenant-governor, secretary 
of State, treasurer, auditor, superintendent of public instruction, 
and attorney-general. All are elected by the voters of the 
State, and hold office for four years. 

34. The governor must be at least thirty years of age, a citizen of the 

United States for five years, and a resident of North Carolina for 
two years next before election. He can hold the office for only 
one term in eight years. 

35. The governor must take an oath or make affirmation that he 

will support the Constitution and laws. He must reside at the 
seat of government. He must give information on State affairs, 
and recommend needed laws to the General Assembly. He can 
grant reprieves, commutations, and pardons. He is com- 
mander-in-chief of the militia. He must take care that the 
laws are faithfully executed. He may be impeached for vio- 
lation of duty. The Senate, with the chief justice presiding, is a 



THE EXECUTIVE DEPARTMENT. 67 

court of trial. A two-thirds vote convicts. If convicted he may 
be removed from office and disqualified for office in the State. 

36. The lieutenant-governor must have same qualifications as 

governor. He is president of the Senate, but can vote only 
when there is an equal division. He may become governor if 
the governor is convicted on impeachment, if the governor fails 
to qualify, is absent from the State, is unable to discharge the 
duties, if the office of governor becomes vacant. 

37. The secretary of State lias the laws printed in volumes and 

sent to public officers of the State. He issues and keeps records 
of grants of public lands. He supplies fuel and stationery to pub- 
lic departments. He examines the affairs of insurance companies. 

38. The auditor superintends the fiscal affairs of the State. He 

reports the income and expenditure to the General Assembly, and 
suggests improvements of the revenue. He issues warrants to the 
treasurer to make payments authorized by law. 

39. The treasurer receives all moneys paid into the treasury. He 

keeps an account of moneys deposited in and drawn from 
bank, and he exhibits the bank book to the auditor once a month. 
He reports annually to the General Assembly the amounts received 
and expended during the fiscal year. 

40. The attorney-general is the law agent of the executive de- 

partment. He acts for the State in all law cases in which the 
State is concerned. He gives law advice to the General Assembly, 
to the executive departments, and to the solicitors. 

41. The superintendent of public instruction enforces .the laws 

relating to the public schools. He sees that the schools are 
properly managed, and he makes recommendations for the im- 
provement of them. 

42. The Council of State is composed of the secretary of State, auditor, 

treasurer, and superintendent of public instruction. It advises 
the governor in the business of his office. 



CHAPTEK VI. 



THE JUDICIARY. 



DERIVATION AND EXPLANATION OF TERMS. 



Corruption. (Latin con, togeth- 
er, and ruptus, broken.) In a spe- 
cial sense, dishonesty such as the 
buying or selling of a public office ; 
a violation of duty for a consid- 
eration. 

Judiciary. (Latin judiciaria, from 
judicium, judgment.) " The sys- 
tem of courts of justice in a 
government." — Webster. All the 
courts of the State taken to- 
gether constitute the judiciary of 
the State. 

Lower Court. A court from 



which an appeal is or may be 
made to another court, which 
would be the higher court. 

Penitentiary. (Latin poznitere, 
to repent.) An institution in 
which persons who commit crime 
are confined for punishment and 
reformation. 

Work -house. "A house in 
which idle and vicious per- 
sons are confined to labor ; a 
house where the poor are main- 
tained at the public expense." — 
Webster. 



43. The judiciary department of the State consists 
of the various courts in which justice is administered in 
accordance with the Constitution and the laws. The 
Constitution prescribes that 

" The judicial power of the State shall be vested 
in a court for the trial of impeachments, a Su- 
preme Court, Superior Courts, Courts of Justices 
of the Peace, and such other courts inferior to the 
Supreme Court as may be established by law." 

44. Court of Impeachment. — All impeachments are 
tried by the Senate, but the power of impeaching, that is, 
of making the charge against the person to be impeached, 



THE JUDICIARY. 09 

is vested only in the House of Representatives. To im- 
peach means to charge a public officer with misconduct 
in office. It is the House of Representatives alone that 
has authority to do this with the view to impeachment. 
A State officer may be impeached on any of the follow- 
ing charges : 

Corruption or other misconduct in his official 
capacity. 

Habitual drunkenness. 

Intoxication while engaged in the duties of his 
office. 

Drunkenness in any public place. 

Mental or physical incompetence to discharge 
the duties of his office. 

Any criminal matter, conviction whereof would 
tend to bring his office into contempt. 

The House of Representatives makes out the charges 

against an officer who is to be impeached, and presents 
them to the Senate. A trial then takes place, the Senate 
being the court. Witnesses are examined, as in cases 
before ordinary courts of trial. A vote of two-thirds of 
the senators present is required for conviction. If the 
accused officer is convicted, that is, if two-thirds of the 
Senators present vote that he is guilty, the Senate may 
remove him from office, and pronounce him disqualified 
to hold any office of honor, trust, or profit under the 
State. This is the severest sentence the Senate has 
power to pronounce on an officer found guilty on im- 
peachment, but the impeached officer may, after convic- 
tion and sentence by the Senate, be indicted and prose- 
cuted in another court, if his offence is such as would 
render any other citizen liable to prosecution. 



70 CIVIL GOVERNMENT. 

The object of impeachment is not so much to punish, as to remove 
from the public service, officers who are corrupt, or whose conduct 
is disreputable. It is left to the other courts to prosecute and 
punish the offender, after his removal from office, if his offence is 
a violation of law. Conviction and sentence on impeachment is, 
however, a very severe punishment, because of the disgrace that 
attaches to it. 



45. The Supreme Court. — As its title indicates, the 
Supreme Court is the highest court of the State. It is 
composed of a chief justice and four associate justices. 
They are each elected for a term of eight years, by the 
qualified voters of the State, the candidate having a plu- 
rality of votes being elected. 

The Supreme Court is vested with powers of very 
great importance. One of the most important is that of 
deciding, when appealed to, the question whether or not 
a law enacted by the General Assembly is in accordance 
with the Constitution. The General Assembly has no 
power to make a law which violates the Constitution in 
any particular. But without intending to do so the As- 
sembly may pass a law, some parts of which may be 
against the Constitution. The members of the Assembly 
who vote for the law may not be aware that there is any- 
thing unconstitutional in it. If, however, it is discovered, 
after its enactment, that it contains some provision which 
the Constitution forbids, and if the Supreme Court is 
appealed to on the question, it will examine the law and 
give its decision. Should the decision be that the law is 
unconstitutional, it is null and void. 

The Supreme Court is the highest court of appeal, not 
only on questions relating to the Constitution, but on 
questions relating to the statute and common law. Such 
questions frequently arise in the trial of cases in the 
lower courts. The statute laws are very numerous, and 



THE JUDICIARY. '1 

many of them are very complicated. It is not surpris- 
ing, therefore, that judges and lawyers often differ in 
their interpretation of the law. In such cases an appeal 
may be made to the Supreme Court. The Supreme Court 
has power to review any matter of law, or interpretation 
of law, in any case in which an appeal is made to it from 
the lower courts. It does not inquire into questions of 
fact, such questions being for juries to decide. There is 
no jury in the Supreme Court. It has nothing to do 
with the business of inquiring whether a person charged 
with crime is guilty or not guilty. Its business is to 
interpret and declare the law in cases brought before 
it on appeal. 

All the decisions rendered in the Supreme Court, and the reasons given 
for those decisions, are put in writing, and they are printed in 
books by the public printer. These books are on sale in the office 
of the Secretary of State. They are of great value to judges 
and lawyers as books of reference for guidance in the interpreta- 
tion of the law. 

The Supreme Court holds sessions twice a year in the 
Supreme Court-room in Raleigh. 

46. The Superior Courts, Criminal Courts, and In- 
ferior Courts. — The Supreme Court holds its sessions 
only in Raleigh, but Superior Court sessions are held in 
various parts of the State. There are twelve Superior 
Court judges. All of them are elected by the qualified 
voters of • the State, and each holds office for a term of 
eight years. 

For judicial purposes the State is divided into twelve 
judicial districts. Though all the twelve judges are 
elected by aU the voters of the State, each is elected for 
a particular district, and each must reside in the district 
for which he is elected. The Constitution directs that a 
Superior Court shall be held in each county at least twice 



72 



CIVIL GOVERNMENT. 



in each year, and be presided over by one of the Superior 
Court judges. No judge can preside in the same district 
oftener than once in four years, unless it becomes neces- 
sary through the illness of one or more of the judges. 

The requirement of the Constitution that "no judge shall hold the 
courts in the same district oftener than once in four years" is 
a wise provision. The judges must travel over the districts. 
Each during his term of eight years will hold court in every 
county. He is thereby afforded opportunity of becoming ac- 
quainted with the manners and customs of the people in the 
different sections of the State. The knowledge and experience 
thus gained increase his efficiency for the public service. 

Criminal Courts. — In a few counties the General 
Assembly has established criminal courts. They are so 
named because their jurisdiction is confined to the trial of 
criminal offences. No civil causes are tried in these 
courts. In the acts establishing them the General Assem- 
bly provides the way to select the judge and other officers. 
These courts have the grand jury and the trial jury, and 
as to the trial of criminal causes they take the place of the 
superior courts. They seem to be needed only in coun- 
ties of large population and in which there are cities. 
Under such conditions there are more crimes committed, 
and it may be cheaper to the people to support these 
courts for speedy trial than to confine the prisoners in 
jail to wait months until the term of the Superior Court. 

Inferior Courts. — For the same reasons that in some 
counties there are criminal courts, other counties have 
inferior courts. Under a general statute the General 
Assembly has authorized the justices of the peace of any 
county to establish inferior courts for the trial of crimi- 
nal causes. If a majority of the justices think it best 
they establish an inferior court, and elect three persons 
to preside over it, one of whom is chosen presiding- jus- 



THE JUDICIARY. <<5 

tiee. These courts also have the grand jury and the trial 
jury, and they take the place of the superior courts in the 
trial of persons charged with a large number of crimes. 
Their jurisdiction is lixed in the general statute, and does 
not extend to murder, arson, burglary, perjury, forgery, 
and some other crimes. But few counties have estab- 
lished these courts. 

Procedure in the Courts. — The courts are open to 
the public, and as many citizens may be present during 
court business as can be conveniently accommodated in 
the room in which the court is held. On the first day of 
a term of court the judge charges, that is, addresses, 
the grand jury. He explains to them their duties, and 
instructs them as to the statute and common law bearing 
on such questions as they may have to consider in mak- 
ing presentments and indictments. 

The judges' charges to grand juries are useful information for the 

people as well as for the jurors. By listening to them, or reading 
reports of them in the newspapers, we may learn much about the 
laws and about our duties as citizens. 

After the judge's charge, the grand jury retire, and take 
up and consider the various cases of violation of the crim- 
inal law which they know of, or of which they may be 
informed. (The form of grand jury procedure and the 
duties of the trial jury have already been explained. See 
Chapter IV.) 

In the jury trial there are usually witnesses on both 
sides. One set of witnesses is brought up to give evi- 
dence against the accused, and another set to give evidence 
in his favor. Each witness before giving evidence must 
swear or affirm that he will " tell the truth, the whole 
truth, and nothing but the truth." The witnesses are 
examined by the lawyers on both sides according to rules 
of evidence which have been established by centuries of 



74 CIVIL GOVERNMENT. 

usage and practice in courts of law, and are based on 
principles held to be the best for the purpose of ascertain- 
ing the truth. 

There is usually much questioning and cross-questioning of witnesses 
in the course of a jury trial. This is necessary owing to the fact 
that witnesses are often prejudiced in favor of one side or the 
other, and it is sometimes difficult to get from them the whole 
truth. There are two kinds or forms of examination of witnesses, 
direct examination and cross-examination. The examina- 
tion by a lawyer of a witness whose evidence is expected to be 
favorable to the person for whom the lawyer is acting is direct 
examination. After the direct examination the witness is questioned 
by the lawyer on the other side. This is cross-examination. 

Points of law that arise during the examination of wit- 
nesses are decided by the judge. The lawyers often " ex- 
cept " to the judge's decision. They also often except to 
the judge's explanation of law to the jury. Such excep- 
tions form the ground of appeal to the Supreme Court. 

The superior courts are always open. There must be 
at least two terms every year in each county, but the 
larger counties have more than two terms annually. In 
the intervals between the terms the courts are open for 
the transaction of all business within their jurisdiction 
except trials in which there is an issue or question of fact 
requiring a jury. All the civil actions of which the supe- 
rior courts have jurisdiction are instituted (begun) before 
the opening of the term of court at which they are tri- 
able. Summonses may have to be served on witnesses, 
and other preparatory work done in order that the cases 
may be fully ready when called for trial. This prepara- 
tory business is transacted under the direction of the Supe- 
rior Court clerk, who is always in attendance at his office 
in the court-house of his county. 

Civil actions are matters of dispute or difference between citizens, 
such as claims for money due, questions as to title to property, etc. 



THE JUDICIARY. <D 

47. The Solicitor. — The solicitor is the officer whose 
duty it is to prosecute all criminals. In every case of vio- 
lation of the criminal law he must see that the person 
charged with the crime is brought to trial, if there is evi- 
dence that the person is guilty. He must prepare bills of 
indictment to be sent to the grand jury. At the trial 
before the judge and jury he examines the State's wit- 
nesses, and cross-examines the witnesses for the accused. 
He presents all the evidence he can to prove that the 
accused is guilty, and he explains and urges the case 
against him, in an address to the jury. 

State's witnesses are the witnesses called by the solicitor to give 
evidence against a person on trial for crime. Defendant and 
plaintiff are terras used in trial cases. The person who takes 
action against another is the plaintiff or complainant ; the person 
against whom the action is taken is the defendant. In the trial 
of criminals the State is the plaintiff. 

Besides prosecuting criminals, on behalf of the State, 
or people, the solicitor gives advice, when necessary, to 
the other officers of justice in his district. There is a 
solicitor for each of the twelve judicial districts. He is 
elected by the voters of the district in which he serves, 
and he holds office for a term of four years. He must be 
a lawyer. 

48. Punishments. — To enforce the laws, punishments 
are necessary. If there were no punishments, evil-dis- 
posed persons would not be afraid to commit crime. The 
Constitution prescribes certain punishments as the only 
punishments that shall be inflicted in this State. They 
are : 

"Death, imprisonment, with or without hard 
labor, fines, removal from office, and disqualifica- 
tion to hold and enjoy any office of honor, trust, 
or profit under this State." 



76 CIVIL GOVERNMENT. 

Subject to this limit the General Assembly has full 
power to fix the kind and degree of punishment for dif- 
ferent classes of crime. For example, the punishment in 
this State for murder and burglary and some other crimes 
is death by hanging; but the General Assembly has 
power to make imprisonment for life the punishment for 
these crimes, as our State Constitution says that they 
may be punished with death, not that they shall be. 

Penal Establishments. — Convicted criminals, except 
such as are put to death, are punished in establishments 
provided and maintained by the State or the counties for 
that purpose. In some counties there are workhouses. 
In all the counties there are jails, and in Raleigh there 
is a penitentiary. When a criminal is convicted, and 
sentenced by a judge, he is taken to some one of those 
establishments, where he must undergo the punishment 
to which he has been sentenced, unless his sentence is 
commuted, or unless he is pardoned. 

There may sometimes be good reasons why the sentence of the court 
ought not to be carried out. New evidence may be discovered, 

showing, either that the convict is innocent, or that he does not 
deserve so severe a punishment as that to which he has been 
sentenced. In such cases the governor may exercise the power 
vested in him by the Constitution " to grant reprieves, commuta- 
tions, and pardons." If a pardon is granted, the prisoner is dis- 
charged from custody. 

Imprisonment in the penitentiary with hard labor is 
the severest punishment inflicted in the State, except 
death. The hard labor may be within the penitentiary 
buildings, or it may be outside, on farms, railroads, or 
other public or private works. In case the hard labor is 
outside the penitentiary, the convicts, while at such labor, 
must be under the supervision and control of some officer 
of the State. It is expected that the labor of convicts 



THE JUDICIARY. 77 

shall be so managed that the value of the proceeds shall 
cover the cost of their own support. When they work 
outside, their work is paid for by those for whom it is 
done, and the money is used in defraying the cost of main- 
taining the penitentiary. 

The penitentiary is managed by a board of directors 
and a superintendent. Reports, giving particulars of its 
working and condition, are issued for the information of 
the General Assembly and of the people. 

The Judge's Discretion. — In the matter of the amount 
of punishment in particular cases, judges have consider- 
able discretionary power. The General Assembly fixes 
for each sort of crime the greatest and the least 23imish- 
ment, such as the longest and the shortest term of im- 
prisonment, or the highest and lowest fine. It is left to 
the judge to use his discretion within the limits prescribed. 
For example, if the law says that the punishment for a 
certain crime is to be not more than ten nor less than two 
years' imprisonment, the judge, in sentencing a person 
found guilty of such crime, may sentence him to impris- 
onment for any number of years between two and ten. 

The discretionary power of judges is a just and wise provision of 

law. It may be that of two persons found guilty of the same sort 
of crime, one deserves more punishment than another. One may 
be an old offender, a person who has frequently committed crime, 
while the other may be a person who has never committed crime 
before. Manifestly it would not be just to inflict the same punish- 
ment on a person who has offended only once, as on a habitual 
and hardened criminal. The judge knows all the facts and cir- 
cumstances of the case investigated before him. He is, therefore, 
able to estimate what degree of punishment, within the legal 
limits, justice requires in each cae 

TOPICS FOR EXAMINATION AND REVIEW. 

43. The judiciary consists of the courts of .justice, the Senate for 
impeachments, the Supreme Court, the superior courts, the jus- 



'O CIVIL GOVERNMENT. 

tiee of peace courts. Other courts are established by General 
Assembly. 

44. State officers may be impeached for corruption, for drunkenness, 

for incompetence. The House of Representatives impeaches. 
The Senate is the trial court. Punishment, if convicted, 
removal from and disqualification to hold office. 

45. The Supreme Court is the highest court of the State. It is 

composed of a chief justice and four associate justices. They are 
elected by the voters of the State for a term of eight years. The 
Supreme Court decides whether laws are constitutional. It hears 
and decides questions of law on appeals from the lower courts. 

46. There are twelve Superior Court judges. They are elected for 

eight years by the voters of the State. A Superior Court term 
must be held in each county at least twice a year. The courts are 
open to the public. Form of procedure in courts : the judge 
charges the grand jury ; witnesses are sworn to tell the truth ; they 
are examined and cross-examined ; the judge decides points of 
law ; his decisions may be excepted to, and appeal made to Su- 
preme Court. Criminal courts presided over by judges, and in- 
ferior courts presided over by three justices, are established in 
some counties for trial of criminals only. 

47. The solicitor prosecutes criminals. He gives advice to officers 

of justice in his district. There are twelve solicitors, one for each 
of the twelve judicial districts. Each solicitor is elected by the 
voters of the district in which he is to serve. 

48. Punishments. The only punishments in this State are death, 

imprisonment, line, and removal from and disqualification for 
office. The judge has discretionary power in passing sentence. 
Criminals are punished in workhouses, jails, and in the peni- 
tentiary. Penitentiary prisoners may be put to hard labor out- 
side. The penitentiary is managed by a board of directors, who 
report to the General Assembly. 



CHAPTER Y1L 



COUNTY GOVERNMENT. 



DERIVATION AND EXPLANATION OF TERMS. 



Administrator. (Latin ad, to, 
and minisfrare, to serve.) One 
who administers or manages the 
estate or property of a person who 
has died without making a valid 
Mill, or one who manages the 
property of a testator when there 
is no executor competent to man- 
_••. A testator is one who 
makes and leaves a will at death. 
The executors are the persons 
named and authorized in the 
will to execute it : that is, to do 
what is directed in it. A will 
is a declaration or statement, 
usually in writing, in which a 
person expresses his wish (his 
will) as to the way in which he 
desires his property to be disposed 
of after his death. 

Articles of Agreement. The 
written terms or conditions of 
agreement on any matter between 
two or more parties. 

Bond. Something that binds. (For 
explanation and example of the 
meaning of this word, see p. 000. 

Capias. (Latin for you may take.) 
A capias i- a writ or order au- 
thorizing or commanding an offi- 
eer to arrest (to take) the person 



named in the writ, which is called 
a writ of capias. 

Countersign. (Latin contra, 
against.) To sign on the oppo- 
site side ; to put on a written, or 
printed document a signature in 
addition to that of the principal 
person who signs. The Secretary 
of State countersigns letters and 
other papers relating to State 
affairs, which, are issued by the 
governor. 

Deputy. A person who is deputed 
to act in the place of another. 
Deputy Sheriff, a person ap- 
pointed to assist the sheriff in his 
oiheial work. 

Execution. A writ giving an 
officer power to carry out (to exe- 
cute) an order or judgment of 
court. 

Fund. (Latin fundus, a founda- 
tion.) " A sum of money appro- 
priated as the foundation of some 
commercial or other operation 
by means of which expenses are 
Mipplied." — Webster. 

Guardian. One who guards, or 
has the care of, the person or 
property of one who is not able 
to manage his own affairs. The 



80 



CIVIL GOVERNMENT. 



courts often appoint guardians 
for infants and orphans. 

Incorporation, Act of Incor- 
poration. (Latin corpus, a 
body.) For explanation of these 
terms, see Chapter XL 

License. (Latin licere, to be law- 
ful.) Permission, or authority of 
law, to carry on some business, 
as selling gunpowder or alcoholic 
liquors. The paper or document 
in which such authority is given 
is called a license. 

Poll-tax. (German^o^e, the head.) 
A tax leAded on persons (per 
head) as distinguished from 
property. It is also called a 
Capitation tax. (Latin caput, 
the head.) 

Probate. (Latin prob are, to prove.) 
Proof that a will is valid : that is, 



the lawful act of the deceased. 
To be legally valid a will must 
be examined and probated (proved) 
in court. 

Real Estate. Fixed or immov- 
able property, as land or houses. 
Personal property is money, fur- 
niture, or other movable goods. 
Title to real estate is right of 
ownership. A Title Deed is a 
paper certifying that a person is 
the lawful owner of certain real 
estate. 

Snit. (French suivre, to follow.) 
An action in court for the recov- 
ery of a right ; the following up 
or pursuing of a right or claim. 

Toll. (Anglo-Saxon toll, that which 
is counted out in payment.) In 
law, money taken for using a 
bridge, road, etc. 



49. The General Assembly has divided the State into 
counties, and it may change county lines, or form new 
counties out of the territory of those already formed. 
Each county has likewise been divided into townships. 
Every county in the State has public officers to carry out 
the law within its own limits. 

Clerk of the Superior Court. — For every Superior 
Court there is a clerk, who is elected by the qualified 
voters of the county, and holds office for four years. His 
duties are numerous. During the term of court it is 
his duty : 

To write an account of the proceedings of . the 
court. 

To administer oaths to the jurors and witnesses. 
To record the verdicts of juries. 



COUNTY GOVERNMENT. 81 

To issue the various papers that may be ordered 
by the court. 

To receive presentments and indictments from 
the grand jury. 

In the intervals between terms of court it is the duty 
of the clerk to carry iuto effect orders of the court, 
and make preparation for next term. 

He must make out bills of cost, issue executions, 
summonses, and capiases. 

He must enter in books the particulars of appeals 
to the Superior Court from justice of peace courts, 
and of appeals from the Superior Court to the 
Supreme Court. 

He must make up the docket ; that is, a list of 
the cases for next term ; and keep in his possession 
the papers relating to the cases. 

He probates wills, appoints administrators and 
guardians ; examines the accounts of administra- 
tors, guardians, and executors, and makes final set- 
tlement with them. 

He records articles of agreement or incorpora- 
tion, and performs other duties assigned to him by 
the laws. 

50. The Sheriff. — There is a sheriff for each county. 
He is elected by the qualified voters of the county, and 
holds office for two years. It is his duty : 

To bring into court the persons who are to be 
tried for crime, and also the jurors and witnesses. 

To serve summonses on persons who are re- 
quired to give evidence, or to attend in court for 
other business. 



83 CIVIL GOVERNMENT. 

To arrest persons who fail or refuse to come to 
the court when summoned. 

To take to the penitentiary persons who are 
convicted and sentenced. 

To take persons to tho county jail, and see that 
they are held in custody as long as the law re- 
quires. 

To collect fines aud costs. 

To sell property of persons who fail or refuse to 
pay fines or costs, or who fail or refuse to pay 
debts, as ordered by the court, the money obtained 
through such sale to be used for payment of the 
fines, costs, or debts. 

To " keep the peace ; " that is, to suppress riots 
and disturbances. 

To execute the orders of the court both in term 
time, and at all other times, and in doing so, the 
sheriff may employ force if necessary. 

In cases of riot or public disturbance of the peace, the 
sheriff must act promptly, without waiting for orders 
from the court or any other authority. The law gives 
him authority to " command the peace." He may arrest 
all persons who are disturbing the peace. If necessary 
he may call upon any citizens to assist him, and citizens 
are bound by law to give such assistance when required. 

In most of the counties the sheriff collects the taxes, 
but in some counties the taxes are collected by other offi- 
cers. The sheriff has authority to appoint deputy sheriffs 
to assist him in the performance of his duties. 

The Coroner. — Every two years a coroner is elected 
by the qualified voters of the county. His principal duty 
is to hold inquests over the dead bodies of persons who 
may have come to their death by the criminal act of some 



COUNTY GOVERNMENT. 



S3 



person. He summons a jury, and, after due examination 
of the dead body and of the witnesses, makes a report, in 
accordance with the jury's verdict, as to how the person 
came to his death, and who are the guilty person or per- 
sons, if that has been ascertained. Should he ascertain 
who are probably guilty, they are delivered to the sheriff 
to be committed to jail to await trial. It will, therefore, 
be seen that government considers life so valuable, and 
the duty to protect it so great, that no dead body is 
allowed to be buried, about which there is any suspicion 
of violence, until its death is satisfactorily accounted for, 
so far as that is possible, and evidence taken to convict 
any person who may be guilty. 

If for any reason there should be no sheriff, the coroner 
acts as sheriff. If suit is brought against the sheriff, the 
coroner serves the papers on him. 

51. Justices of the Peace. — Justices of the peace are 
judges who preside in the lowest courts. The cases in 
which they have jurisdiction are cases in which the crime 
charged is not very serious, or the amount of claim or 
property in dispute not large. But nearly all cases of 
crime are. in the first instance, brought into the courts of 
justices of the peace. If the crime charged is not a 
serious one, the justice tries the case ; if the crime charged 
is of a serious character, he, after a brief inquiry into the 
facts, sends the case for trial to the Superior Court. 

Justices of the peace are not elected by the voters of 
the State. They are elected by the General Assem- 
bly, and hold office for six years. The elections are so 
arranged that at each biennial session of the Assembly 
there is an election of one-third of the total number of 
justices. Every township has at least three justices of 
the peace. Townships which contain cities or towns 
have more than three. 



84 



CIVIL GOVEKNMENT. 



The Constitution prescribes some of the duties and 
powers of justices of the peace. Within the county in 
which he acts, the justice of the peace has jurisdiction 

In all cases of crime, the punishment of which 
does not exceed a fine of fifty dollars, or imprison- 
ment for thirty days. 

In all civil actions founded on contract, when 
the amount demanded is not more than two hun- 
dred dollars, and where there is no dispute about 
title to real estate. 

In any case brought before him, in which he has juris- 
diction, a justice of the peace may, if either of the parties 
in the case desires it, summon a jury of six men to try 
any issue or question of fact that may be raised in the 
case. 

In all cases tried by a justice of the peace, the party 
against whom judgment is given may appeal to the Supe- 
rior Court, and have the case retried in that court. 

The justice of the peace makes records of all proceed- 
ings in his court, and files them with the clerk of the Supe- 
rior Court of his county. He keeps a docket in which, as 
required by law, he makes entries of cases brought before 
him, and he issues summonses for witnesses, and other 
papers necessary for the transaction of business in his 
court. Summonses, and other papers issued by a justice 
of the peace, are served by the constable upon the persons 
for whom they are intended. The sheriff or his deputy 
may also serve papers issued by justices of the peace. 

The constable is an officer who performs duties in connection with a 
court of justice of the peace similar to those performed by the 
sheriff in connection with the Superior Court. He is elected every 
two years by the voters of his township. 



COUNTY GOVERNMENT. 85 

All the justices of the peace of each county confer once 
a year with the county commissioners to assess taxes, and 
transact other county business in which the commissioners 
have not sole jurisdiction. The justices have also to see 
that the public roads of the county are maintained in 
good condition. 

Justices of the peace have authority to " command the peace." 
They may call upon citizens to assist them in preserving the 
peace, and if crime is committed, in their presence they may send 
the offender to jail to await trial. 

52. County Commissioners. — A large part of the gov- 
ernment of counties is assigned by the General Assembly 
to the boards of county commissioners. This board has 
very considerable powers and very important duties. 
It is composed of five or of three men, who are elected 
by the justices of the peace of their county. The justices 
may make the number of the board five or three as they 
think necessary. The board meets for the transaction of 
business on the first Monday in every month. Among 
its duties are the following : 

To build court-houses and jails, and keep them 
in good condition. 

To order the making of public roads and bridges, 
and the establishment of ferries. 

To provide suitable houses and support for the 
county poor. 

To provide money for the support of the public 
schools in addition to that provided by the General 
Assembly. 

To appoint registrars and inspectors (or judges) 
to hold elections. 

To appoint assessors and list lakers under the 
revenue laws. 



J CIVIL GOVERNMENT. 

To act with the justices of the peace in assessing 
county taxes. 

To regulate the rate of tolls for ferries. 

To provide dockets for justices of the peace, 
and books and other stationery for the Superior 
Court clerk's office. 

To draw jurors for the superior ,courts. (The 
drawing of jurors is explained in Chapter IV-) 

To grant licenses to carry on certain trades that 
require license. 

To elect a sheriff, coroner, or a register of deeds 
when a vacancy occurs. 

To approve the bonds of the sheriff, treasurer, 
or other county officers. 

To bring- action when necessary on the bonds 
of county officers. 

To publish annually a statement of receipts and 
expenditure of county funds. 

A bond in the sense of the word as used above is a security against 
the possible dishonesty of public officers. Treasurers, sheriffs, and 
other officers have the handling of public money. If they are 
dishonest they may use some of the money for their private pur- 
poses. To protect the public against such dishonesty, treasurers 
and other officers are required to give bonds before entering on 
their duties. The bond is a written pledge or promise by some 
person that he will be responsible, up to a certain amount, for any 
dishonesty on the part of the officer. The person who becomes re- 
sponsible is called a bondsman. There is always a certain amount 
of money specified in the bond, and the bondsman or bondsmen can- 
not be required to pay more than what is specified. For example, 
if a treasurer should dishonestly use $20,000 of public money, and 
if his bond is for $10,000, the bondsmen have to pay only the 
latter sum. A bond for a large sum is required of officers who 
have the handling of much public money, and the bondsmen must 
be persons who are known to have property sufficient to enable 
them to pay the amount of the bond, if necessary. It is the duty 
of the county commissioners to approve the bonds of sheriffs and 



COUNTY GOVERNMENT. 87 

other officers ; that is, to examine them and see that they are 
legally drawn up, and that the bondsmen are persons of sufficient 
property. To " bring - action " on a bond is to take action at law 
against the bondsmen for the recovery of the money, should they 
refuse to pay. in the event of defalcation by the officer for whom 
they are responsible. 

The county commissioners are the custodians of the 
public buildings and property of the county, and the 
public interests of the county are, to a large extent, under 
their guardianship. 

53. The Register of Deeds. — Each county has a 
register of deeds. He is elected by the qualified voters 
of the county, and holds office for two years. 

The register is the clerk of the board of county com- 
missioners. He makes records of all the business of the 
board, he issues its orders and notices, publishes its annual 
financial statement, and takes charge of its books and 
papers. It is also the duty of the register : 

To register deeds, mortgages, and other papers 
ordered to be registered. 

To make copies from the records when required. 

To correct and prove the tax list, and make two 
copies of it. 

To compute the taxes, and make out and send to 
the State auditor an abstract of listed taxes. 

To list and compute merchants' taxes. 

To keep a list of all license taxes, and send an 
abstract of it to the State auditor. 

To send annually to the State auditor an account 
of the sheriff's indebtedness for State taxes. 

To issue marriage licenses. 

To countersign licenses to practise certain trades. 

To act as entry taker. 

T<> act as ranger. 



88 CIVIL GOVERNMENT. 

To issue relief papers to all who are exempted 
from poll-tax. 

54. County Treasurer. — Some of the counties have 
each a treasurer, who is elected by the qualified voters of 
the county, and holds office for two years. In other 
counties the sheriff acts as treasurer. He does so by the 
authority of the justices of the peace, conferred upon 
them by the General Assembly. 

It is the duty of the treasurer : 

To receive and take charge of all public funds 

of the county, and to make, under the direction of 
the county commissioners and the county board 
of education, such payments as the law authorizes. 

55. County Board of Education. — In each county 
there is a board of education. It is composed of three 
persons, who are elected by the justices of the peace and 
the county commissioners, and hold office for two years. 
It is the duty of the board of education : 

To divide the county into convenient school dis- 
tricts. 

To appoint, every two years, a school com- 
mittee from each district. 

To apportion the school money to the districts, 
annually, and to notify each committee of the 
amount assigned for its use. 

To see that the county superintendent of public 
instruction discharges his duty. 

To audit all accounts of expenditure of school 
funds. 

To present every year to the county commis- 
sioners a statement showing how much money is 
necessary for the proper support of the schools. 



COUNTY GOVERNMENT. 89 

To see that all school funds are paid to the 
county treasurer. 

To see that schools are open in all the districts, 
and that suitable school-houses are built and kept 
in proper repair. 

56. School Committees. — Each school district has a 
school committee, which is composed of three members, 
who are appointed by the county board of education for 
a term of two years. It is the duty of the school com- 
mittee : 

To build suitable school-houses and keep them 
in repair. 

To appoint teachers. 

To take the census of school children ; that is, to 
have a count made of the number of children of 
school age in the district. 

The school committee has general supervision of the 
schools in its district. It is required to have the schools 
open in the district for as long a period every year as 
the money apportioned to the district will permit. 

57. County Superintendent of Public Instruction. — 
There is a superintendent of public instruction for each 
county. He is elected every two years by the justices of 
the peace of the county, the county commissioners, and 
the county board of education, the three bodies sitting in 
joint meeting for the election. Among the duties of the 
county superintendent of public instruction are the fol- 
lowing : 

To serve as secretary to the county board of 
education. 

To keep the board informed as to the condition 
of the schools of the county, and to recommend 



90 CIVIL GOVERNMENT. 

to the board such improvements of the schools as 
he may deem desirable. 

To examine candidates for the office of teacher, 
to furnish certificates to successful candidates, to 
instruct the teachers in their duties, and to super- 
vise their work during the terms of the schools. 

To countersign orders of school committees on 
the county treasurer for school moneys. 

To make statistical reports on the schools of his 
county to the State superintendent of public in- 
struction. 

To obey the lawful directions of the county 
board of education, and of the State superintend- 
ent of public instruction, in all matters relating to 
his official duties. 

TOPICS FOR EXAMINATION AND REVIEW. 

49. The State is divided into counties, and the counties into townships. 

There is a clerk for every Superior Court. He is elected by 
the voters of the county. He holds office for four years. It is his 
duty to record the court's proceedings, and to administer oaths 
to witnesses and jurors. In the intervals between court terms he 
executes the orders of the court, and prepares for next term. He 
issues summonses and capiases. He records appeals. He pro- 
bates wills, and grants articles of agreement or incorporation. 

50. The sheriff is elected every two years by the voters of the county. 

It is his duty to bring to court jurors, witnesses, and persons to 
be tried, to serve summonses, to take convicts to prison, to collect 
fines and costs, to maintain the peace, to execute the decrees 
of court. The sheriff may appoint deputies to assist him. 
There is a coroner for every county, elected by the voters of the 
county every two years. He holds inquests over dead bodies, and 
acts as sheriff when there is no sheriff. When suit is brought 
against the sheriff, the coroner serves the papers. 

51. Justices of the peace preside in the lowest, courts. They 

are elected by the General Assembly, and hold office for six years. 
They have jurisdiction where the punishment is not more than a 



COUNTY GOVERNMENT. 91 

fine of fifty dollars, or thirty days' imprisonment, and where the 
claim is not more than two hundred dollars, and no dispute as to 
real estate title. They may " command the peace," send to 
jail persons who disturb the peace in their presence, and require 
citizens to aid them in maintaining the peace. 

52. There are three or five county commissioners. They are elected 

by the justices of the peace. They build court-houses, jails, 
bridges, and roads, and keep them in repair. They provide for 
the support of the poor, and in part for the public schools. They 
appoint election registrars and inspectors, and assessors and list 
takers under the revenue law. They act with the justices in 
assessing taxes. They are the custodians of the public prop- 
erty of the county. 

53. The register of deeds is elected every two years by the voters of the 

county. He is clerk to the county commissioners. He regis- 
ters deeds and mortgages, copies records, makes tax lists, issues 
and countersigns licenses, and sends to the auditor of the State an 
annual account of the sheriff's indebtedness for taxes. 

54. Some counties have a treasurer, who is elected every two years by 

the voters of the county. In some counties the sheriff is treasurer. 
The treasurer receives all public moneys of the county, and 
makes payments as the law authorizes. 

55. The county board of education consists of three persons who are 

elected by the justices and the county commissioners, and hold 
office for two years. The board appoints district school commit- 
tees, apportions the school funds, reports annually to the 
county commissioners as to the financial needs of the schools, sees 
that schools are open in all the districts, and that suitable 
school-houses are built and kept in repair. 

56. The district school committee is composed of three members. They 

are appointed every two years by the county board of education. 
They build schools and keep them in repair, appoint teachers, 
and take the census of school children. 

57. The county superintendent of public instruction is elected every 

two years by the justices, the county commissioners, and the county 
board of education. He is secretary of the county board of 
education. II<- keeps the board informed on the condition of 
the schools, recommends improvements, examines candidates for 
the office of teacher, instructs teachers in their duties, and super- 
their work. He reports on the schools of his county to 
the State superintendent of public instruction. 



CHAPTEK Till. 



GOVERNMENT IN CITIES AND TOWNS. 



DERIVATION AND EXPLANATION OF TERMS. 



Charter. (Latin charta, a leaf 
of paper.) ''An instrument in 
writing from the king,, or other 
sovereign power, or from the legis- 
lature, executed with form and 
solemnity, bestowing rights and 
privileges ; an act of incorpora- 
tion." — Webster. 

City. (Latin civis, a citizen.) In 
the United States a town or com- 
munity incorporated and governed 
by a mayor and aldermen. 

Criminal Law. A law which 



prohibits an act as a crime 
and prescribes punishment for 
it. 

Mayor. (Latin major, greater.) 
The chief magistrate of a city. 

Police. (Greek polis, a city.) A 
civil force organized for the pres- 
ervation of order in a city or 
county. 

Village. (Latin villa, a country 
house.) " An assemblage of 
houses in the country, less than 
a town or city." — Webster. 



58. Where there is a dense population, breaches of 
the peace, serious crime, and disputes about property are 
more frequent. Therefore, as people come together in 
large numbers, and settle permanently in cities or towns, 
they find that they require not only a great many pub- 
lic officers, but laws and regulations and institutions that 
are not necessary in the county where the population 
is scattered. 

The Constitution of North Carolina allows the General 
Assembly to make laws which will give crowded com- 
munities such further security for the preservation of 
the peace, and the protection of property, as they may 
require in addition to the general laws which apply to 
the whole State. Our State Constitution saj^s : 



GOVERNMENT IN CITIES AND TOWNS. 



93 



"It shall be the duty of the legislature (the 
General Assembly) to provide for the organization 
of cities, towns, and incorporated villages, and to 
restrict their power of taxation, assessment, bor- 
rowing money, contracting debts, and loaning their 
credit, so as to prevent abuses in assessment and in 
contracting debts by such municipal corporations." 

If any community desires to form itself into a town or 
city, it applies to the General Assembly for an act of 
incorporation. The proposal is put into * the shape of a 
bill, which must pass both of the houses of the Assembly 
after the manner already explained. (See Chapter III., 
Part II.) 

There is no fixed number of people necessary to constitute a 
city or town. The act of incorporation, or charter, gives the 
inhabitants certain powers, the nature and extent of which will be 
understood from an explanation of the duties of various city 
officers. 

The act of incorporation provides for the election of 
officers, usually by the qualified voters who live within 
the boundaries specified in the act. The act also directs 
how often elections are to be held, whether once a year 
or less frequently. 

If the people of a city or town desire to extend its boundaries, and 

make outlying villages or districts part of the city or town, they 
must apply to the legislature for an act authorizing such extension. 

59. The Mayor. — The mayor is the chief public officer 
of a city or town. In some cities or towns the mayor is 
elected by the people ; in others, the act of incorporation 
requires that the mayor be elected by the aldermen, who 
are sometimes called commissioners. The mayor is the 
chief executive officer of the city. It is his duty to see 



94 CIVIL GOVERNMENT. 

that the laws or ordinances made by the aldermen, under 
the act of incorporation, are enforced. The State statutes 
give him, in the city, the same jurisdiction in all criminal 
cases coming under the general law as is given to justices 
of the peace, and persons convicted have the right to 
appeal to the Superior Court. The mayor holds court 
daily, or as often as may be necessary. 

60. Aldermen, Commissioners, or Council. — Board of 
aldermen, town commissioners, town council, are differ- 
ent designations used in different cities and towns for 
the board or body of men intrusted with the power of 
making city laws, which are called ordinances to distin- 
guish them from the laws made by the legislature. The 
number of members of the board also varies. It is pre- 
scribed in the act of incorporation for each city or town. 
Naturally, the larger the city the greater the number of 
aldermen or councilmen. 

The aldermen are elected by the voters of the city, and 
their ordinances may provide 

For levying and collecting taxes for the support 
of the city government. 

For the preservation of order, cleanliness, 
health. 

For the establishment and maintenance of fire 
departments, gas, electric-light, or water-works, 
sewerage. 

The powers of the aldermen are limited by the Con- 
stitution, the statutes and the act of incorporation, but 
they have very extended authority to make provision, by 
law or ordinance, for the needs of their city, which in- 
crease with its growth. 

Alderman, meaning elder or older man, was a high distinction in 
former times in England. "The title was applied, among the 



GOVERNMENT IX CITIES AND TOWNS. 95 

Anglo-Saxons, to princes, dukes, earls, senators, and presiding 
magistrates. There were aldermen of cities, counties, and castles, 
who had jurisdiction within their respective districts."' — Webster. 

61. Other Town Officers. — Acts of incorporation 
usually provide for a town marshal or constable. The 
marshal has duties under the town government similar 
to those of the sheriff in the county. 

In the large towns there are a great many police. 
They are usually appointed by the aldermen, and are 
under the direction of a chief of police. The duty of the 
police is to preserve order, and to protect property. 
They have authority to arrest any person they find in 
the act of breaking the peace, or otherwise violating the 
criminal law. 

Acts of incorporation for towns usually give power for 
the formation of boards of street commissioners and 
school boards ; for the appointment of tax assessors and 
collectors, and other officers that may be required. The 
larger the town, the more extensive the machinery needed 
for its proper government. 

62. Double Burdens. — People who live in incorporated 
towns pay more taxes, and are subject to more laws, than 
people who live in country districts. In town as well as 
in country, the State, county and school taxes must be 
paid, but in addition to these, people who live in towns 
must pay taxes for the support of the town government, 
which people in the country do not have to pay. In the 
towns, as well as in country districts, people must obey 
the State laws, but besides these, the people of the towns 
must obey the ordinances made by the aldermen. There 
is thus a double burden on the inhabitants of cities and 
towns, but there is also a double benefit. This will be 
seen when we consider the advantages and conveniences 
of residence in a city. 



96 CIVIL GOVERNMENT. 

A person living in the city has usually a good school 

at only a short distance from his home. He has the 
physician near at hand. He is within hearing of his 
church bell. He has the society of near neighbors, and 
their help and sympathy when needed in sickness or dis- 
tress. He has the daily mail and the daily paper bring- 
ing him information of the world's doings. He is in one 
of the many centres of social and literary culture. These 
and many other advantages the citizen of the town 
enjoys in return for the additional tax burdens to which 
he is subjected. 

The organization of Civil Government makes it necessary for each 
individual to surrender part of his freedom and property in 

return for the united effort of the community, represented in govern- 
ment, to protect him in the enjoyment of his right to liberty, and 
in the free use of his property for his own and his family's 
welfare and happiness. The citizen of the town surrenders more 
than the citizen in the country, but he gets more in return. 

It must not be supposed that the man who lives in the 
country is never subject to any of the town laws. He 
does not pay town taxes unless he owns town property, 
but when he visits the town and while he remains in it, 
he is subject to all its ordinances that relate to the per- 
sonal conduct of its citizens. He may be arrested in the 
town by the sheriff for violation of the State laws, just as 
he may be in the country, and in the town he may also 
be arrested by the marshal or police for violation of the 
town laws. In like manner the person who lives in the 
town is liable to arrest by the sheriff, and is subject to 
the general State laws, as persons are who live in the 
country. 



GOVERNMENT IN CITIES AND TOWNS. 97 

TOPICS FOR EXAMINATION AND REVIEW. 

58. Town? require more officers of government than country districts. 

Where there is a denser population there are more violations of 
law. The Constitution gives power for incorporating towns. 
An act of incorporation is passed by the General Assembly. No 
fixed number of people necessary to form a town or city. 

59. The chief public officer of a city is the mayor. In some cities the 

mayor is elected by the people, in others by the aldermen. It is 
his duty to see that the laws and ordinances of the city are 
executed. He holds court daily, or as often as necessary. 

60. The aldermen, commissioners, or council are elected by the 

voters. They make ordinances for taxation for supporting the 
city government, for preserving order, cleanliness, health, for 
maintaining fire departments, sewerage. 

61. The town marshal or constahle does duties in the town similar 

to those of the sheriff. The police are under the direction of a 
chief of police. They are appointed by the board of aldermen. 
They preserve order. They have authority to arrest persons they 
see committing crime. Tax assessors and collectors, street 
commissioners, and other officers may be appointed in a town. 

62. People in towns have double burdens. They pay taxes that 

people in the country have not to pay, but they have advantages 
and conveniences not enjoyed by people living in the country. 



CHAPTEE IX. 

CITIZENSHIP, ELECTIONS, AND POLITICAL PARTIES. 

DERIVATION AND EXPLANATION OF TERMS. 



Alien. (Latin alius, another.) A 
person not born in, and who is 
not a citizen of, the country in 
which he resides ; one who be- 
longs to another country. 

Ballot. (French ballotte, a little 
ball used in voting.) At one time 
black and white balls were used 
for voting, white balls counting 
for, and black balls against, a 
man. In our elections slips of 
paper are used for voting.but are 
called by the old name ballots. 

Felony. (Latin felonia.) A crime 
for which the punishment is death 
or imprisonment. 

Franchise. (French franc, free.) 
"A particular privilege conferred 
by grant from a sovereign or gov- 
ernment, and vested in individu- 
als." — Webster. The right of vot- 
ing in political elections is called 
the franchise, or the elective fran- 
chise. 

Naturalize. (Latin ?iatits, born.) 
To confer upon a foreigner the 
rights and privileges of a native. 

Platform. Plat is an English 
word meaning flat. An elevated 
standing place for public speak- 



ers ; hence, a statement of the 
principles or policy of any party 
on public questions. The word 
plank is used in reference to 
one particular point or princi- 
ple in a party's platform (a wood- 
en platform being formed of 
planks). 

Policy. (Greek polis, a city.) The 
system, or method, or principles, 
according to which the affairs of 
government in city or state are 
conducted. 

Poll. The head. The use of the 
word to mean voting comes from 
the custom of counting heads as 
a way of taking votes. This cus- 
tom still prevails in our General 
Assembly and other bodies, where 
voters rise and stand until they 
are counted. 

Suffrage. A vote at an election ; 
the right of voting. The deriva- 
tion of this word is uncertain. 

Tariff. '"This word is said by 
some authors to be derived from 
Tarifa, a town in Spain at the 
entrance of the Straits of Gib- 
raltar, where duties were formerly 
collected." — Webster. A tariff is 



99 



a duty or tax on goods imported 
or exported. A duty is a tax due, 
or required to be paid, on the 
importation, exportation, or eon- 
sumption of goods. 



A'iva voce. This is a Latin phrase, 
the English of which is, by the 
living voice. To vote viva voce is 
to express by word of mouth how 
one wishes to vote. 



The right to vote in the 



63. The Eight to Yote. 
election of public officers, and on questions of public in- 
terest, is a very valuable and important one. It naturally 
belongs to the freemen of a republic. It is sometimes 
called the elective franchise, or the right of suffrage. 

A person who votes at an election is called a voter or 
an elector. The Constitution of North Carolina says 
that 

" Every male person born in the United States, 
and every male person who has been naturalized, 
twenty-one years old or upward, who shall have 
resided in the State twelve months next preceding 
the election, and ninety days in the county in which 
he offers to vote, shall be deemed an elector." 

"While the Constitution provides that " every male per- 
son " shall, under the conditions specified, be an elector, 
it also says that certain persons shall he excluded from 
the right of voting. The persons excluded are persons 

" Who, upon conviction or confession in open 
court, shall be adjudged guilty of felony, or any 
other crime infamous by the laws of this State." 

Such persons may, however, be restored to the rights 
of citizenship. 

The right to vote is a very great privilege, but it car- 

vith it a very great responsibility. Every voter is, 

K>me extent, responsible for anything that may be 

wrong i n the system or working of government. If lie 

not vote, he fails to do his part towards the removal 



100 CIVIL GOVERNMENT. 

of the evil. If he votes for dishonest men or unjust 
measures, he helps to perpetuate the evil. It is, there- 
fore, the duty of every voter to inform himself as fully as 
he can as to the character of the men to be voted for and 
the merits of the questions to be voted on, so that he may 
vote intelligently, and for the best interests of the com- 
munity. 

Bribery in elections is a very great evil, and a great danger to gov- 
ernment. By bribery is meant buying or selling votes, or offering 
a person payment in any form to induce him to vote in a certain 
way. Our laws very properly make bribery a penal offence. It is 
degrading and disgraceful to the person guilty of it. It tends to 
put government under the control of money, the result of which 
must be the destruction of liberty. 

64. Under the powers given by the Constitution the 
General Assembly has made an election law. This law 
provides for the registration of voters. Registration 
means making a list of the names of all persons entitled 
to vote. Before a person is registered he must make 
oath or affirmation that he possesses the required qualifi- 
cations, and that he will support the Constitution and 
laws of the United States, and of North Carolina. The 
registrars, that is, the persons who make the lists of voters, 
are appointed by the county commissioners. 

65. The Ballot. — The voting at elections is done by 
ballot. Ballots are tickets, or pieces of paper, upon which 
are written or printed the names of candidates. The 
voter takes the ballot containing the name of the candi- 
date for whom he wishes to vote, and drops it into a box 
provided for the purpose, which is called a ballot box. 
If he desires to do so, the voter may vote secretly by fold- 
ing his ballot in such a way that the name of the candi- 
date is not exposed to view. The room or place in which 
the voting is done is called a polling- place. Officers are 



CITIZENSHIP, ELECTIONS, AND POLITICAL PARTIES. 



ioi 



present to see that each man votes only once, that none 
vote except those who have the right to do so, and to 
count the ballots when the election is over. These officers 
are called inspectors or judges of election, and are ap- 
pointed by the county commissioners. 

Voting by ballot is sometimes called casting- a vote or 
casting a ballot. All elections by the people are by 
ballot, but elections in the General Assembly are usually 
by the method known as viva voce, which means that 
each member tells aloud the name of the person for 
whom he votes, or his wishes as to any matter under 
consideration. 

In some States voting is done according to what is known as the 
Australian system, or some modification of it. Under this sys- 
tem the ballots used are furnished by the public authorities, and 
each ballot contains the names of all the candidates of all the 
political parties. The voter does not receive the ballot until he 
goes within the polling place. When the ballot is handed to him 
he passes into a private room or booth where he must, without 
help from any one, select and make a mark opposite to the names of 
the candidates for whom he wishes to vote. Having marked his 
ballot, he folds it and deposits it in the ballot box. 

The principal object of this system is to secure absolute secrecy of 
voting, and thereby, as far as possible, remove temptations to 
bribery, and protect voters against being required to vote, not as 
they themselves think right, but according to the wishes of 
employers or others upon whom they are dependent for their 
means of living. 

66. Political Parties. — A political party is an organ- 
ization of voters who hold substantially the same views 
about government. The members of a party may differ 
very widely on some public matters, but generally they 
are agreed on one or more great questions, and they are 
.ized to try to carry into effect their views on such 
questions. 



102 CIVIL GOVEKNMENT. 

On the fundamental principles and system on which our govern- 
ment is based, there is no difference of opinion among the 
political parties. All are agreed in approval and support of our 
republican form of government. All are agreed that the will of 
the people, operating through the principle of majority rule, is the 
sovereign power in the State and Nation. The differences of the 
political parties have reference to the working of our system of 
government. One party thinks that certain laws ought to be 
made ; another party thinks that such, laws ought not to be made. 
One party thinks that taxes ought to be levied. in a certain way ; 
another party thinks they ought to be levied in a different way. 
One party is in favor of a certain tariff on nearly all, or a great 
many, of the articles of merchandise imported into the United 
States ; another party thinks that the tariff ought to be very much 
less, or, perhaps, that there ought to be no tariff at all. On such 
questions, and many others relating to the details of government, 
there must necessarily be different opinions in a large community 
of free and intelligent citizens ; hence the occasion and origin of 
political parties. 

Our Constitution says nothing about political parties, 
but it declares that " secret political societies are dan- 
gerous to the liberties of a free people, and should not 
be tolerated." The General Assembly has made no law 
relating to political parties, but it has prohibited secret 
organizations having for their purpose the furthering of 
any political object, and it has prescribed severe punish- 
ment for members of such organizations. 

Political parties, therefore, have no place in our system 
of government, except through the voluntary action of 
the people. Parties are the natural outcome of republican 
principles. The people have a rig-lit to meet and discuss 
public affairs, and intelligent people will exercise that 
right. They have also the right to change the Constitu- 
tion and laws, and any organization of the people has the 
right to do all it lawfully can to persuade a majority of 
the electors to agree to proposed changes, and to help to 
have the changes effected. 



CITIZENSHIP, ELECTIONS, AND POLITICAL PARTIES. 103 

111 certain Stares the adoption of the Australian ballot has. in a rather 
curious way, given political parties a place in the system of State 
government. Where official ballots are provided by the State, 
each political party must tile with the proper officer a list of its 
nominees. It often happens that two men claim to be the legal 
nominees of the same party, and each demands that his name be 
printed on the official ballot. In such cases the courts must finally 
decide between the contestants. In this way, State laws recognize 
the organization of political parties, and require that their proceed- 
ings m selecting candidates shall be fair and in strict accord with 
the regulations of the party. 

How a Party is Formed. — The party that is in power 
is held responsible for the system of taxation, and the 
general policy upon which the government is conducted. 
It is right that it should be held responsible, because, 
being the majority, it can control the making and ad- 
ministration of laws. Many people may be dissatisfied 
with the policy of the party in power, and may desire to 
organize an opposition party for the purpose of remedying 
the evils which they think exist. They get together in 
a great meeting or convention, and in a platform they 
make a statement of their objections to the party in 
power. They also state the principles upon which, if 
intrusted with power, they would conduct the govern- 
ment. Before the election the opposition party does all 
it can. by public speaking-, writing in newspapers, and 
distributing printed statements of its principles and argu- 
ments in support of them, to persuade the people that its 
policy is right, and that the policy of the party in power 
is wrong. 

The party in power is the party that has elected the governor or 
president and a majority of each house of the legislative depart- 
ment. In England, however, a majority in the House of Com- 
mons alone brings a party into power. 

If the opposition party wins at the election, that is, if 



104 CIVIL GOVERNMENT. 

its candidates get the majority of votes, it will come into 
power, and it will be able to carry out the policy of its 
platform. 

67. Party Machinery. — To properly conduct the work 
of a party, much organization is necessary. Conven- 
tions have to be held. Many committees must be formed. 
There must be a State committee, county committees, 
and township committees. This is party machinery. 
The highest committee is the State committee. 

The State committee is the highest for party work, relating 
exclusively to the State. In elections for President and Vice- 
President of the United States, each political party has a National 
committee, in which there are representatives of the party in every 
State. 

The State committee is formed at a convention consist- 
ing of delegates from the counties of the State. It is the 
business of the State committee to raise money for the 
campaign, and other purposes of the party. The money 
is raised by voluntary contributions. 

A campaign is the public speaking and other political party work 
done during an election contest. 

At the State convention, candidates for State offices 
are chosen (nominated). These candidates make public 
speeches during the campaign. They explain the prin- 
ciples and policy of their party, and criticise the principles 
and policy of the party in power. The party in power 
also has its candidates and its campaign of public speak- 
ing. On election day the people, by their ballots, decide 
which party is to be in power until next election. 

After a party has been organized, conventions are 
held in the townships. These conventions are called 
primaries. Every member of the party in the township 



CITIZENSHIP, ELECTIONS, AND POLITICAL PARTIES. 105 

may attend the primary. At the primary, delegates are 
elected to attend the county convention, and the county 
conventions elect delegates to the State convention. 

Primaries are so called from being the meetings at which the first party 
work of a campaign is done, and at which delegates are first elected. 
(Latin primus, first.) 

Party organization is carried out on the republican 
principle of representation. In the State conventions the 
people are supposed to be represented by their delegates. 
The State conventions formulate principles in platforms, 
select candidates for State offices, appoint State commit- 
tees, and recommend plans of organization in the counties 
and townships. These Various organizations give the 
people opportunity to make their influence felt, not only 
in the selection of delegates to the different conventions, 
but in the choosing of candidates for the General 
Assembly and for the State and county offices. 

68. People may join the political party which they 
prefer, but they are not compelled to join any party. If, 
however, a person joins a party, and takes part in the 
business of its conventions, he is expected to support its 
candidates and its platform, even though he may have 
proposed some other candidates and platform. Party 
organization, as well as republican government, is con- 
ducted on the principle of majority rule. A member of a 
party must submit to the will of the majority. But if a 
member of a party thinks its affairs are so conducted as to 
be injurious to the interests of the people, he may leave 
the party, and either act with some other party, or with 
none. 

The system of politics under which there are two or more parties con- 
tending for the control of government is called government by- 
party. This system exists in every free country. Within proper 



106 CIVIL GOVERNMENT. 

limits it promotes good government. It is for the benefit of 
the country to have a party out of power criticising the conduct 
of the party in power. The party in power knows that its policy, 
and its administration of the various departments of government, 
are closely watched by the opposing party. It knows that if it 
makes bad laws, or administers the laws unjustly or dishonestly, it 
will, at the next election, be brought to account before the people 
by the campaign speakers and newspapers of the other party. 
Hence, the party in power will naturally endeavor to conduct the 
aifairs of government in the way that it thinks will be satisfactory 
to the majority of the people. 
Party government causes constant public discussion of public questions. 
Such discussion educates the people, and enables them to form a 
judgment as to the party for which they ought to vote. 

TOPICS FOR EXAMINATION AND REVIEW. 

63. The right to vote is very valuable. It is called the elective fran- 

chise, or the suffrage. A person who votes is an elector. 

Every male person twenty-one years old or upward, born in the 
United States, or naturalized, residing in the State twelve months 
next before election, and ninety days in the county, is an elector. 
Persons adjudged guilty of felony, or other infamous crime, are 
excluded from voting. Buying or selling votes is bribery. It is 
a crime punished by law. 

64. Voters must be registered. Before registering a person must 

make oath or affirmation that he is qualified, and that he will 
support the Constitution and laws. 

65. Voting is by ballot. The ballot contains the name of the candi- 

date. The voter puts the ballot into a ballot box at the polling 
place. Inspectors of election count the votes. 

66. Political parties are bodies of voters organized to carry out their 

views on details of government. All citizens agree on funda- 
mental principles of our government, but all do not agree on 
questions of legislation and administration. People may be dis- 
satisfied with the policy of the party in power. They may wish 
to form a new party. To do this they hold a convention, and 
issue a platform stating the principles and policy upon which 
they would act if intrusted with power. They have a campaign 
before the election, in which by speech and writing they try to 
persuade the people to Vote for their candidates. If they win the 
election they come into power. 



CITIZENSHIP, ELECTIONS, AND POLITICAL PARTIES. 107 

67. Party machinery consists of committees and other agencies to 

carry on the work of an election campaign. The highest com- 
mittee for the State is the State committee. It is formed at 
the State convention. The State convention consists of dele- 
gates from the county conventions. The county conventions con- 
sist of delegates from the primaries. 

68. People are not compelled to join a political party, but if they do 

so, and take part in its conventions, they are expected to support 
its policy and candidates. Party organization is conducted on the 
principle of majority rule. Party government promotes good 
government. It is for the public benefit to have a party out of 
power watching and criticising the conduct of the party in power. 



CHAPTEE X. 



KEVENUE AND TAXATION. 



DERIVATION AND EXPLANATION OF TERMS. 



Ad valorem. This is a Latin 
phrase which means according to 
value. It is used in reference to 
taxation on property. A tax on 
property according to its value is 
an ad valorem tax. 

Eminent domain. (Latin emi- 
nere, to be prominent, dominus, 
lord or master.) The supreme 
power of the State over all prop- 
erty within the State ; see p. 
109. 

Franchises. The franchise (free- 



dom or privilege) granted by gov- 
ernment to railroad and other 
corporations is a valuable prop- 
erty, and, therefore, a fit subject 
of taxation. 

Levy. (French lever, to lift.) To 
raise or collect, as to levy 
taxes. 

Margin. (Latin margo, the edge 
or brink.) The difference be- 
tween the amount of anything as 
estimated for any purpose, and 
that which is actually required. 



69. A great deal of money is required to support and 
carry on the numerous departments of government. To 
keep in operation the vast machinery of law-making and 
law administration in State, county, city, and town, a 
very large sum is needed every year. The money is 
obtained by taxation. 

On the subject of taxation there have been great dif- 
ferences of opinion, and often violent conflicts between 
political parties. In some counties taxation has been the 
cause of civil war. The differences have arisen on the 
questions, how taxes ought to be raised, and how much 
ought to be raised. That taxes are necessary, all are 
agreed, but all are not agreed as to systems or methods 
of taxation ; that is, as to what property ought to be, and 



REVENUE AND TAXATION. 109 

what ought not to be taxed, and as to what the amount 
of tax on property or individuals ought to be. 

70. A tax is private property taken from individuals 
and used for the public good. The sovereign power, 
which in our country is the people, always has the right 
to take and use private property for the common benefit, 
when it is necessary to do so. But in every such case 
the owner must be fairly compensated. 

Property in land may, under authority of government, be taken from 
individuals for the building of railways, roads, canals, or for other 
public purposes. When property is so taken it must be paid for 
at a fair price. The government, as representing the people, has 
sovereign power over all the property in the State, and it has 
authority to take any part of it for necessary public use, reason- 
able compensation being made to the individual. This right of 
government is called the right of eminent domain. 

\Yhen the State or county or city levies taxes no direct 
return is made. The person who pays the tax gets no 
benefit in the shape of other property. The benefit is 
indirect. It comes to the taxpayer in the form of protec- 
tion of life and property. This is good compensation. 
The taxpayer feels that in good government he has good 
value for the taxes he pays. If when he is at his busi- 
ness during the day or in his home at night, he is safe 
under the ever present protection of law, and if his chil- 
dren have the benefit of good education, he feels, or should 
feel that he has a full return for the money he pays in 
taxes. 

71. Two Forms of Tax. — Our State Constitution pre- 
scribes two forms of tax, and limits the amount of each. 
One is a poll-tax, that is, a tax on persons, the other is a 
tax on property. The poll-tax must not be more, but it 
may be less, than two dollars per annum. The property 
tax is an ad valorem, or value tax. It must not be more, 



110 



CIVIL GOVERNMENT. 



but it may be less, than 66f cents per annum for every 
hundred dollars' worth of property. 

The poll tax and the property tax must be levied on a 
system of equality or " equation." This system requires 
that the poll-tax must be always equal to the tax on prop- 
erty valued at three hundred dollars. If the poll-tax is 
two dollars, the tax on three hundred dollars' worth of 
property must be two dollars ; that is, 66| cents on each 
hundred dollars' worth of property. If the poll-tax is one 
dollar and a half, the tax on three hundred dollars' worth 
of property must be the same. 

The object of the system of " equation " is to secure 
the people against over-taxation. Since the poll-tax 
cannot be increased without increasing the property tax, 
nor the property tax increased without increasing the 
poll-tax, it is the interest of all to take care that taxation 
shall not be increased unless there is a clear necessity 
for it. 

The poll-tax is levied upon every male inhabitant of the 
State, over twenty -one and under fifty years of age, but 
the county commissioners may exempt persons from this 
tax " on account of poverty and infirmity." 

72. Other Sources of Revenue. — The other sources 
of our government revenue are taxes on trades, profes- 
sions, franchises, and incomes; but comparatively little 
revenue comes from these sources. 

In levying taxes the General Assembly is guided by 
the reports of the State auditor and State treasurer. 
These reports show the valuation of the property of the 
State, the amount that may be raised by a certain tax 
upon it, and the amount that may be raised from other 
sources. The reports also show the amount necessary for 
the support of the government. 

The General Assembly always finds that for the support 



REVENUE AND TAXATION. Ill 

of the State government, and of the public institutions 
for which the General Assembly makes appropriation, 
the full amount of taxes authorized by the Constitution 
is not required. There is, therefore, a margin left for 
the county commissioners and justices of the peace to 
apply to county purposes. If the General Assembly 
levies $1.20 poll-tax and 40 cents property tax, there will 
be left SO cents poll-tax and 26| cents property tax for 
the county authorities, and these amounts, in such case, 
they cannot exceed. It is because of this limitation it 
occasionally happens that there is not as much money 
as might be desired for some public purposes, especially 
for the schools. The Constitution, however, gives power 
to the General Assembly to authorize a vote of the people 
in counties, cities, townships, or parts of townships, to 
increase taxation for the support of schools and other 
public institutions. The General Assembly has also 
power in granting charters to cities and towns to 
authorize additional taxation for their proper govern. 
ment. 

TOPICS FOR EXAMINATION AND REVIEW. 

69. Much money is required to support government. It is obtained 

by taxation. Differences of opinion as to methods of raising 
ta: 

70. A tax i- private property taken for the public good. Govern- 

ment has the right of eminent domain. The tax-payer does 
not get a direct return for the taxes he pays. He gets a 
return in the form of government protection of his life and 
property. 

71. Two forms of tax. Poll tax and property tax. The poll tax 

must not be more than two dollars. The property tax must not 
be more than two dollars on every three hundred dollars' worth of 
property. Whatever the poll-tax is, the property tax must be the 
same on property worth three hundred dollars. This is equation 
of tax. Every male person between twenty-one and fifty years 



112 CIVIL GOVERNMENT. 

of age must pay poll tax. Persons may be exempted on account 
of poverty and infirmity. 
72. Taxes are levied on trades, professions, franchises, and incomes. 
In levying taxes the General Assembly leaves a margin for the 
counties. If the Assembly levies $1.20 poll tax and 40 cents 
property tax, there will be left 80 cents poll tax and 26f cents 
property tax for county purposes. 



CHAPTEE XI. 

EDUCATION" CHARITABLE INSTITUTIONS. 

DERIVATION AND EXPLANATION OF TERMS. 



Mechanical arts. (Greek me- 
dicine, a machine, arein, to join.) 
Mechanical arts are " those in 
which the hands and body are 
more concerned than the mind. 



instruction is given in methods 
of teaching. The system in the 
normal school is the rule or model 
for other schools. 
University. A college, or a num- 



as in making clothes and uten- \ ber of colleges, under one general 



sils" — Wi bster. 
Normal. (Latin norma, a rule.) 
A normal school is one in which 



direction, in which all branches 
of learning are taught ; a univer- 
sal school. 



73. One of the sections of the Declaration of Rights, 
which forms the first article of our State Constitution, 
declares as follows : 

" The people have the right to the privilege of 
education, and it is the duty of the State to guard 
and maintain that right." 

The Constitution provides for a university, and for a 
system of public schools in which instruction shall be 
free to all children between the ages of six and twenty- 
one years. It prescribes that the schools shall be main- 
tained for at least four months in every year, and that if 
the county commissioners fail to comply with this re- 
quirement, they shall be liable to indictment. 

Four months in each year is the shortest time prescribed for the schools 
to be open for instruction, but a longer term is expected if 
money to pay the necessary expense can be provided in any reason- 
able way. 
8 



114 CIVIL GOVERNMENT. 

The Constitution further prescribes that a department 
of agriculture, of mechanics, of mining-, and of normal 
instruction, shall be maintained in connection with the 
university. 

From all this it will be seen that the f ramers of our Constitution, and 
the people of the State, by whom the Constitution was ratified, re- 
garded education in all its departments as of the highest value 
and importance. The people are the sovereign power. In them, 
and not in any one man or any party, lies the power to make and 
control the government. The people who made our Constitution, 
having organized a republic in which the right to vote is extended 
practically to all men, saw the necessity of providing that there 
should be opportunity for all to become educated, so as to be good* 
citizens, and be able to vote intelligently on the various questions 
of government. 

The State must protect herself by educating her people. This is 
the first object of our system of public schools. The State is, 
however, not unmindful of the great personal benefit every citizen 
derives from education. But it is not in the sense of charity that 
the Constitution prescribes that the people shall have the means of 
education. It is to preserve the State against the danger which 
ignorance would be to it, all men having an equal share in the 
forming and directing of government. Freedom could not 
long exist in a nation of ignorant men. 

74. State Board of Education. — In compliance with 
the requirements of the Constitution, the General Assembly 
has established a system of public education, under which 
facilities for instruction are extended to all parts of the 
State. The system is under the general direction and 
control of the State Board of Education, which consists 
of the governor, the lieutenant-governor, the secretary of 
state, the treasurer, the auditor, the superintendent of 
public instruction, and the attorney-general. The gov- 
ernor is president of the board, and the superintendent 
of public instruction is secretary. Subject only to laws 
made by the General Assembly, the board has power : 



EDUCATION CHARITABLE INSTITUTIONS. 115 

u To legislate and make all needful rules and 
regulations in relation to free public schools, and 
the educational fund of the State." 

75. Educational Institutions. — The General Assem- 
bly has made laws providing for the support of the 
university at Chapel Hill, a normal and industrial school 
at Greensboro for young women, a college of agriculture 
and mechanical arts, and a department of agriculture at 
Raleigh, an agricultural and mechanical college for the 
colored race at Greensboro, normal schools for both 
races, and a system of free public schools, some one of 
which is supposed to be within reach of every child in the 
State. Many cities have applied to the General Assembly 
for authority to vote additional funds for the support of 
their public schools, and have extended the terms of their 
schools so that they are open from eight to ten months 
every year. 

The university, the normal and industrial school, the 
college of agriculture and mechanic arts, the department 
of agriculture, the agricultural and mechanical college for 
the colored race, and the normal schools, are managed by 
boards of trustees or directors, who make regular reports 
of the condition and progress of those institutions. 

The general public school system is supervised and 
administered by the State Board of Education, the county 
boards of education, the county superintendents of public 
instruction, and the school committees, whose functions 
and duties have already been noticed. 

TO. Charitable Institutions. — Our State Constitution 
declares that it is " one of the first duties of a civilized and 
Christian state" to make " beneficent provision for the 
poor, the unfortunate, and the orphan." 

This duty is assigned to the General Assembly, which 



116 CIVIL GOVERNMENT. 

is authorized to make appropriations for the support of 
institutions in which the destitute orphans, idiots, and the 
indigent deaf-mutes, blind, and insane of the State, may be 
properly cared for. 

The county commissioners are authorized by law to 
provide by taxation for the poor of their counties. The 
State has established magnificent institutions at Morgan- 
ton, Raleigh, and Goldsboro, for the care of the insane ; 
and institutions for the education of the deaf and dumb 
and blind at Morganton and Raleigh. 

These institutions are supported by appropriations of 
money made by the General Assembly, and they are 
managed by boards of directors, who issue reports on 
their progress and requirements. 

The orphans of the State are cared for in an asylum at 
Oxford, which is also supported in part by money voted 
by the General Assembly. There are other institutions 
for this purpose, to the support of which the State does 
not contribute except that no tax is required to be paid 
on their property. 

TOPICS FOR EXAMINATION AND REVIEW. 

73. The people have a right to education. It is the duty of the 

State to guard and maintain that right. The General Assembly 
has power to provide for a university, and for public schools in 
which instruction shall he free. The principal object of the 
public school system is to give education to all, so that all may 
be good citizens. Freedom could not exist in a nation of 
ignorant men. 

74. Facilities for instruction extend to all parts of the State. The 

system is directed by the State Board of Education. The board 
consists of the governor, lieutenant-governor, secretary of state, 
treasurer, auditor, superintendent of public instruction, attorney- 
general. The board has power to make rules in relation to free 
public schools and the educational fund. 

\ 



EDUCATION. CHARITABLE INSTITUTIONS. 117 

75. The General Assembly provides for the support of the university 

at Chapel Hill, a normal and industrial school, a college of 

agriculture and mechanic arts, an agricultural and mechanical 
college for the colored race, normal school, and free public schools. 
A public school is supposed to be within reach of every child in 
the State. 

76. To make provision for the poor, the unfortunate, and the orphan, 

is one of the first duties of a Christian state. The General Assem- 
bly makes grants for the support and care of destitute orphans 
and idiots, and of the indigent deaf-mutes, blind, and insane of 
the State. The county commissioners ;tre authorized by law to 
provide by taxation for the poor of their counties. 



CHAPTER XII. 



BUSINESS CORPORATIONS. THE MILITIA. 



DERIVATION AND EXPLANATION OF TERMS. 



Insurrection. (Latin in, into or 
against, and surgere, to rise.) A 
rising up of people to oppose or 
prevent by force of arms the exe- 
cution of the law. 

Invasion. (Latin in, into, and va- 
dere, to go.) "A warlike or hos- 
tile entrance into the possessions 
or domains of another; the incur- 



sion of an army for conquest or 
plunder. ?? — Webster. 
Riot. (French rioter, to laugh.) Vio- 
lent behavior, uproar. In law, 
"the doing of an act in a violent 
and tumultuous manner against 
the peace, by three or more per- 
sons assembled together of their 
own authority for that purpose." 
— Webster. 



77. Business Corporations. — A corporation is a com- 
pany or number of persons who join in some business, and 
get power from government to conduct the business, in a 
certain way that brings with it certain privileges. 

Many kinds of business, such as manufacturing on a 
large scale, mining, operating railroads, can best be carried 
on by corporations, because in such enterprises more 
money is usually required than one person can furnish. 
Sometimes the success of such undertakings is not certain, 
and no person is willing to invest all his money in them. 
A partnership may be formed, but in this kind of business 
company each partner is liable to the extent of all his 
property in the event of the failure of the business. 

If the business of a partnership fails and there are debts to any amount, 
any one of the partners may be required to pay the whole amount 
if the others cannot pay. The whole property of any one, or of 



BUSINESS CORPORATIONS, THE MILITIA. 119 

all of them, whether that property lias been invested in the 
business or not. may, to the amount necessary to pay the debt, be 
taken by the creditors. 

The members of a corporation are not each liable for 
the whole loss if the business fails. If a corporation 
fails, the members of it may lose the money they have 
put into the business, but they can lose no more. The 
property they have which has not been invested in 
the corporation cannot be taken for the debts of the 
corporation. 

This is one of the advantages which the members of 
a corporation have through the charter, or act of incor- 
poration, under which the company is formed. The 
General Assembly gives the charter, and it has the 
power to withdraw or alter it at any time. It is for the 
public good that the Assembly should have this power. 
( lorporations frequently own and control vast property in 
land and money, which, without the restraint of govern- 
ment when necessary, might be used in many ways to 
injure the community. 

78. The Militia. — It may sometimes happen that the 
sheriff is not able to suppress riots, or arrest violators of the 
law. The rioters may be very numerous, and the sheriff 
may not have a sufficient number of deputies or officers 
to arrest the offenders. Sometimes the disorderly ele- 
ment becomes strong enough to overpower the peaceful 
citizens. 

In such case the sheriff may call upon the governor for 
help, and it is the governor's duty to furnish the help 
necessary. The governor is commander-in-chief of the 
militia, or other armed force, which may be organized by 
the State government for upholding law and order. The 
State guard is established and maintained " to execute the 
law. suppress riots or insurrection, and repel invasion." 



120 CIVIL GOVERNMENT. 

In an emergency of this kind the governor must order out 
as many of the militia or State guard as may be required 
to protect life and property and restore order. 

TOPICS FOR EXAMINATION AND REVIEW. 

77. A corporation is a company for carrying on business which 

requires large capital. In a partnership the members are each 
liable for the whole debts of the company. In a corporation the 
members are liable only to the extent of the money they invest. 
A corporation must have a charter. The General Assembly 
grants the charter, and may withdraw or alter it. 

78. In case of riot or disorder which the sheriff has not sufficient force 

to suppress, the governor must order out the militia, of which 
he is commander-in-chief. 



PART III. 



GOVERNMENT OF THE UNITED STATES. 



CHAPTER I. 



REASONS FOR UNION. THE CONFEDERATION. 



DERIVATION AND EXPLANATION OF TERMS. 



Continental. (Latin con, togeth- 
er, and tenere, to hold.) Conti- 
nental Congress, a congress of 
delegates from the colonies of the 
North American Continent. 

Federal. (Latin fozdus, a league.) 
Federal union, federal govern- 
ment. The United States is so 
called because it is a league or 
compact of States. 

Revolution. (Latin re, back, and 
volvere, to roll, or turn round.) 
Revolution in a political sense is 
a revolt or turning round of the 



people against the government. 
The Revolutionary war was a re- 
volt of the colonies against the 
British government. 

Royal. (French roi, a king.) The 
royal provinces in America before 
the Revolutionary war were the 
colonies in which the governor 
and the members of one house of 
the legislature were appointed by 
the king of England. 

Territory. (Latin terra, the earth.) 
In the United States, a district 
not yet admitted to be a State. 



79. The system of State government, which has been 
presented in detail in the preceding pages, gives to every 
resident of Worth Carolina the fullest protection for life, 
liberty, and property, against all persons living within the 
boundaries of the State. If there were no people in the 
world except those living in Xorth Carolina, no other gov- 
ernment would be needed. But beyond our boundaries 
are other powerful States. Just as in a community of 
men the weak need protection against the strong, so in 



122 THE UNITED STATES. 

the world, which may be called a community of states, 
the weak states need protection against the strong. There- 
fore, while the government of the State is sufficient for 
the protection of its citizens against each other, it is not 
sufficient to protect the State, as a political community, 
against other and stronger States. 

It was a knowledge of this fact 'that forced the freemen 
of North Carolina, after organizing a government at Hills- 
boro, in August, 1775, and while actively engaged in a 
war with their former king, to invite the cooperation of 
the twelve other British colonies lying along the Atlantic 
Coast. With the assurance of that cooperation, given in 
the united Declaration of Independence, they adopted a 
permanent constitution at Halifax in December, 1776. 

At that time no written bond of union existed between 
the thirteen colonies. They were of the same race, they 
spoke the same language, they had been subjects of the 
same king, and had suffered the same injustice at his hands. 
They were alike rebels against the authority of their sov- 
ereign, and if conquered by the king's armies, the same 
penalties must be paid by all. This common interest 
made a stronger bond than any written agreement. 

All of these colonies that united in the Declaration were 
States in fact, and had their own governments organized 
and in successful operation at the time. It was these gov- 
ernments that sent delegates to the Philadelphia Conven- 
tion, and gave them their authority to speak in the name 
of the people of each State. The Declaration of Indepen- 
dence, therefore, was the joint act of thirteen organized 
States, at the time bound together only by a community 
of interest. 

Before the thirteen original colonies became States with governments 
organized by the people, and recognizing the people as the sover- 
eign power, several forms of government had existed. Connecticut 



, THE FIRST WRITTEN BOND OF UNION. 123 

and Rhode Island had charter governments. Their charters, 
granted by the English king, gave the people of each colony the 
power to elect their governor, legislature, and other officers. They 
recognized the king as their sovereign, but their governments were 
so complete that after the Declaration of Independence they did 
not adopt State constitutions, but simply continued their govern- 
ments under their charters, the only difference being that, instead 
of the king, the people of each State were recognized as the sover- 
eign power behind the charter. Pennsylvania, Maryland, and Del- 
aware had proprietary governments. The land in these States had 
been granted to certain proprietors who had the right to govern the 
people. The proprietors, however, were subjects of the king of 
England, and all their acts were subordinate to the king's author- 
ity. New Hampshire, New, York, New Jersey, .Virginia, South 
Carolina, and Georgia were royal provinces, like North Carolina.* 
In these provinces the governor and council (which was the upper 
house of the legislature) were appointed by the king, and the lower 
house was elected by the people. Massachusetts had a charter, 
and at one time had the privilege of electing the governor; but 
this privilege had been taken away, and at the time of the Rev- 
olution the governor of Massachusetts was appointed by the king, 
just as in the other royal provinces. 

80. The First Written Bond of Union. — The delegates 
from the thirteen States realized that while the com- 
mon interest was sufficiently strong to hold the States to- 
gether, a written bond of union was necessary to prevent 
misunderstandings. Nearly a year and a half elapsed 
after the Declaration of Independence, before the Con- 
tinental Congress prepared written articles which, when 
ratified and confirmed by all the States, formed a written 
bond of union. The articles, called "Articles of. Confed- 
eration" (see Appendix, p. xxv), were submitted to the 
■lature of each State, and North Carolina gave her 
consent on the 21st of July, 1778; but Maryland, the 
last State to ratify, did not act until March 1, 1781. 

* During a part of her colonial history, North Carolina was under the proprietary form 
of government. 



124 



THE UNITED STATES. 



On March 2, 1781, a Congress, provided for by these 
Articles, met for the first time; and on that date North 
Carolina and the other twelve States, after an absolutely 
independent existence as States for four and a half years, 
in which they were only bound to each other by their 
words of honor, assumed all the obligations imposed by 
the Articles, and became members of the confederation. 

The Congresses which assembled before the 2d of March, 1781, were 
called into existence by no written agreement or organic law, but 
were simply composed of delegates voluntarily sent by the States. 

81. The Articles of Confederation organized, not a 
nation, not even a union, but a confederacy under the name 
of the " United States." The second Article declared this 
confederacy to be simply " a firm league of friendship be- 
tween the States for their common defence, the security 
of their liberties, and their mutual and general welfare." 
These Articles were not designed to establish a govern- 
ment. The delegates thought their States furnished all 
the government needed. They only proposed to create 
what their State governments did not furnish them, that 
is, a defence against foreign powers ; and each State enter- 
ing the confederacy under these Articles retained its sov- 
ereignty and its exclusive right of government within its 
own boundaries. The purpose was to bind the States to- 
gether against all the rest of the world, but to leave them 
absolutely independent as to each other. 

The confederation formed with such ideas and for such 
a purpose was clothed with very little power, and can 
hardly be said to have been a government at all. Indeed, 
another government is exactly what the States wished to 
avoid. Each State had suffered for years from an arbi- 
trary exercise of power by a government outside of its own 
boundaries, and at that time no State was willing to estab- 



THE CONFEDERATION. 125 

lish another outside government, and clothe it with pow- 
ers that might in time take away the freedom of its own 
citizens. The Articles of Confederation, therefore, pro- 
vided for no president or executive officers, for no legisla- 
tive body, and for no courts of justice. They simply pro- 
vided for a meeting of the States in Congress, but even 
this Congress could only act in the name of the States. 
The limited powers were not conferred on Congress, but 
on the " States in Congress assembled," and all its acts 
were the acts, not of itself, but of the " United States 
in Congress assembled." Theoretically, the States them- 
selves met in the Continental Congress, though, of course, 
in fact, each State sent delegates to represent it. Each 
State had one vote in this Congress, but it sent as many as 
two, and not more than seven, to cast that vote, and it paid 
the expenses of its own delegates. Some writers say that 
the Continental Congress was a sovereign body and exer- 
cised sovereign powers ; but as a matter of fact, its weak- 
ness was due to a lack of all the essential powers of 
government. It could make and conclude treaties with 
foreign powers ; it did make a treaty of alliance with 
France and Spain, and a treaty of peace with England, 
but it could not compel any State to observe these treaties. 
It appointed ambassadors to foreign courts, but could not 
pay their expenses. It borrowed money in the name of 
the States, and issued Continental money which was 
paper "promises to pay" what it owed, but it could not 
levy one dollar of tax. It could declare war, but it could 
not enlist a single soldier. Money for the treasury was 
to be supplied by the States, but Congress had no means 
of forcing the States to supply this money if they were 
unwilling to do so. Soldiers necessary for the common 
defence were to be furnished by the States, but Congress 
had no power to compel any State to furnish its quota. 



126 



THE UNITED STATES. 



As long as the Kevolutionary war continued, the States 
felt the need of the Continental Congress, and its acts 
were respected. But when peace was concluded and the 
independence of the States was recognized, the people 
paid no attention to the Continental Congress, and it 
dwindled into insignificance. 

George Washington said of it : "The Confederation appears to me to 
be little more than the shadow without the substance, and Con- 
gress a nugatory body, their ordinances being little attended to. 
We are thirteen independent sovereignties, eternally 
counteracting each other. . . . I do not conceive we can exist 
long as a nation without lodging somewhere a power which will 
pervade the whole Union in as energetic a manner as the author- 
ity of the State is extended over the individual State." 

82. Need of a Better Union. — A trial of only a few 
years was sufficient to show many elements of weakness 
in the Confederation. The States did not raise their pro 
rata share of money needed by Congress, and there was 
no power to compel them to do so. Tariff troubles began 
between neighboring States. New York and New Jersey 
were involved, and so also were Maryland and Yirginia. 
In Massachusetts an actual revolution broke out under 
Daniel Shay, and finally the States became convinced 
that the Articles of Confederation were defective and 
inadequate. 

In 1785 the Massachusetts legislature recommended a 
revision of the Articles and an enlargement of the powers 
of Congress. In January, 1786, Virginia went still fur- 
ther and proposed a national convention at Annapolis in 
September, the object of which was to remedy the defects 
of the Confederation. She appointed eight delegates. New 
York, New Jersey, Pennsylvania, and Delaware, on the 
invitation of Yirginia, elected delegates to this convention, 
which met at the appointed time and place. As a majority 



THE CONSTITUTIONAL CONVENTION OF 1787. 127 

of the States were not represented, the delegates present 
recommended that another convention be called to meet 
in Philadelphia on the second Monday in May, 1787. 
This recommendation was presented to Congress, and on 
the 21st of February, ITS", Congress resolved, "That, in 
the opinion of Congress, it is expedient that on the sec- 
ond Monday in May next, a convention of delegates, who 
shall have been appointed by the several States, be held 
at Philadelphia, for the sole and express purpose of 
revising the Articles of Confederation, and reporting to 
Congress and the several legislatures such alterations and 
provisions therein as shall, when agreed to in Congress 
and confirmed by the States, render the Federal Con- 
stitution adequate to the exigencies of government and 
the preservation of the Union." 

Before this resolution was passed, however, North Caro- 
lina had already elected delegates in accordance with the 
recommendation of the Annapolis Convention. 

83. The Constitutional Convention of 1787. — On the 
day appointed for the meeting of the Convention to revise 
the Articles of Confederation, there were not enough 
delegates present to organize. By the 27th of the month, 
however, delegates arrived from jSorth Carolina and eight 
other States, and this was thought to be a sufficient 
number to organize the Convention. It was accordingly 
organized on that day, and George Washington, one of the 
delegates from Virginia, was chosen president. Before 
the Convention adjourned, representatives from three 
other States came in, so that finally all the States were 
represented except Rhode Island. 

In this Convention many plans were advocated, but all 
were modifications of two general ideas : one for a strong 
central government, and the other for a continuation of 
the Confederation with enlarged powers. Two months 



128 THE UNITED STATES. 

were spent in earnest debate and in thorough discussion 
of the plans. Finally, on the 23d of July, all the plans, 
except that respecting the supreme Executive, were re- 
ferred to a committee called the Committee of Revision, 
which was elected by ballot. The duty of this commit- 
tee was to revise the style of, and arrange, the Articles 
agreed to by the House; and on the 6th of August it 
reported to the Convention a full Constitution. The idea 
of framing- a Constitution was a concession to the views 
of those who advocated a strong central government, but 
the provisions of the proposed Constitution were a con- 
cession to the advocates of a confederation. In form and 
name it was what the first party had advocated, but in 
details and in substance it was made to conform in large 
part to the views of the other party. It was modelled 
after the State Constitutions under which the people had 
lived for ten years or more and with which they were 
familiar. But whenever possible, the very words of the 
Articles of Confederation were preserved in the new 
Constitution, so as to convince the people that it was not 
a radical departure from the old confederation. This 
Constitution was debated for over a month ; and finally 
on the 17th of September, after a session of nearly four 
months, it was adopted by the Convention, and submitted 
to the States, to take effect when approved by nine. 

84. The Constitution Ratified. — When the Conven- 
tion adjourned, the proposed Constitution was sent to the 
States for ratification, and some of them accepted it at 
once, but in the others it was severely criticised and bit- 
terly opposed. The principal objection was that it did 
not contain a Bill of Rights, and for this reason among 
others it was rejected by North Carolina. Ten amend- 
ments embodying the principles of the Bill of Rights 
were proposed by Massachusetts, and, after a bitter fight, 



A FEDERAL REPUBLIC. 129 

the approval of that State was won, conditioned upon the 
adoption of these amendments. Other States proposed 
the same amendments. The Constitution was to take 
effect when ratified by nine States, and within a year 
eleven States ratified it — all except North Carolina and 
Rhode Island. The first election under the Constitution 
was held in January, 17S9 ; and on the 4th of March of 
that year, the old Confederation was dissolved, and a 
Federal Republic, known as the " United States of 
America," came into existence. 

AVhen the old Confederation was dissolved, North 
Carolina and Rhode Island were released from their obli- 
gations to the other States under that compact, but were 
not bound by the new Constitution because they had not 
accepted it. In this way these two States again became 
absolutely independent republics, and continued subject 
only to the sovereignty of their people. One of the first 
acts of Congress was to adopt the proposed amendments 
that supplied the defect in the Constitution due to the 
absence of a Bill of Rights, and these amendments were 
at once sent to the legislatures of the States for their 
approval and ratification. The people of North Carolina, 
being satisfied that the amendments would be adopted, and 
that their liberties were fully protected, adopted the new 
Constitution at Fayetteville on the 21st of November, 
'. and became a member of the Federal Union. In 
doing tins the people voluntarily surrendered certain of 
their sovereign powers to the United States. Rhode 
Island adopted the Constitution during the next year, and 
completed the union of the original thirteen States. 

Since that time thirty-one other States have been ad- 
mitted on terms of perfect equality, so that the Federal 
Union now consists of forty-four States, each sovereign 
in the control of its local affairs, and all subordinate to 
o 



ISO THE UNITED STATES. 

the supreme sovereignty of the United States in all mat T 
ters of common interest and general welfare. 

TOPICS FOR EXAMINATION AND REVIEW. 

79. The several State governments gave full protection to citizens against 

citizens, but not against foreign powers. The need of a defence 
against foreign powers was felt by all the States. 

80. The Continental Congress framed the Articles of Confederation, 

and submitted them to the legislatures of the States. By March 1, 
1781, all the States had ratified. The first Congress under the 
Articles met March 2, 1781. 

81. Under the Articles of Confederation each State still retained its 

sovereignty. The government under the Articles was very weak 
and defective. Congress could recommend measures but could not 
enforce them, and its authority finally came to be ignored. 

82. The weakness of the Confederation was soon realized. Troubles 

arose between the States. A Convention was called to meet in 
Philadelphia in 1787 to revise the Articles of Confederation. 

83. The Convention was divided. One party advocated a strong- cen- 

tral government ; the other, enlarged powers for the Confedera- 
tion. The idea of revising the Articles was abandoned, and the 
Constitution was framed, adopted by the Convention, and sub- 
mitted to the States. 

84. All the States except North Carolina and Rhode Island ratified 

within a year; and on the 4th of March, 1789, the present gov- 
ernment of the United States came into existence. North Caro- 
lina ratified on the 21st of November, 1789, and Rhode Island the 
next year. The Republic now consists of forty-four States. 



CHAPTER II. 

UNITED STATES GOVERNMENT UNDER THE CONSTITUTION. LEG- 
ISLATIVE DEPARTMENT. 

DERIVATION AND EXPLANATION OF TERMS. 



Apportion. (Latin ad, to, and 
portio, a portion.) To distribute 
in portions. Apportionment of 
representation in Congress is as- 
signing a portion of the total 
number of members of the House 
of Representatives to each State 
according to its population. 

Census. (Latin centre, to value, 
to tax.) In ancient Rome there 
were public officers called censors, 



one of whose duties was to count 
and register, at stated periods, 
the total number of citizens, and 
make a valuation of their prop- 
erty for the purpose of taxation. 
Hence the word census as an enu- 
meration, or a counting, of the 
people. The census of the United 
States is taken every ten years. 
The first United States census 
was in 1790. 



85. The Constitution unites all the States in a Fed- 
eral Republic, and establishes a government for this 
Republic. It endows the government thus established 
with certain necessary powers, but guards against the 
assumption of any powers that might prove dangerous to 
the liberties of the people or the States. As an especial 
safeguard against the centralization of power, the Consti- 
tution divides the government created for the United 
States into three departments, absolutely distinct from 
each other, and a certain amount of power is intrusted 
kch department. The State Constitutions served as 
models, and the experiences of the people under the 
arbitrary government of the king of England suggested 



132 THE UNITED STATES. 

the limitations which were put upon the powers of the 
departments. These three departments are the legisla- 
tive, the power of making the laws ; the executive, the 
power of carrying out the laws; and the judicial, the 
power of sitting in judgment upon the laws. 

Congress is the legislative department of the United 
States Government. It is composed of two houses, the 
Senate and the House of Representatives. It meets in 
regular session every year on the first Monday in De- 
cember. 

The regular session is the session which the rule (Latin regula, a 
rule), or law, requires to be held. The Constitution of the United 
States prescribes that "Congress shall assemble at least once in 
every year, and such meeting shall be on the first Monday in De- 
cember, unless they (Congress) shall by law appoint a different 
day." But the President of the United States may call a meet- 
ing of Congress at any other time, if important public business 
makes it necessary to do so. Such a meeting would be a special or 
extraordinary session. 

The sessions of Congress are held in the Capitol, in the 
city of Washington, District of Columbia. Washington 
is the seat of government, or political capital, of the 
United States. 

Each House sits in its own hall, has the right to make 
its own rules of order, and is the sole judge as to the 
qualifications and election of its own members. While 
the Constitution prescribes certain qualifications for mem- 
bership in each House, the House itself has the sole right 
to decide whether the member elected possesses those 
qualifications, and if any contest is made as to whether or 
not a member is legally elected, the House in which the 
member sits has the sole right to decide this point. 

The name "Congress" was given to the law-making department by 
the framers of the Constitution, from its historic association, and 
not because it implied any law-making power. The word "con- 



THE SENATE. 133 

gress" means simply a meeting. The work which had been done 
by the Provincial Congresses and by the Continental Congress had 
made the name dear to the American people, and they perpetuated 
it by applying it to their law-making body, and through this act 
of theirs the word has acquired a new meaning. In the same way 
the word "parliament'" has acquired a new meaning from being 
applied to the law-making department of the British government. 
The literal meaning of the word is "a great talk," and Parliament 
originally was an assembling of the nobles to talk to the king, 
with no power whatever except to talk. As time passed, the power 
of the Parliament grew, and under the same name it became in 
time the sole law-making power of the British Empire. 

86. The Senate. — The Senate consists of two senators 
from each State of the Union. Senators are elected, 
not by the people, but by the legislature of each State, 
and for a term of six years. The members of the first 
Senate were divided into three classes. The terms of sen- 
ators of the first class expired in two years, of the second 
class in four years, and of the third class in six years. By 
this arrangement, two-thirds of the senators always " hold 
over,'' and only one-third can be new members. This is 
a safeguard against sudden changes in the policy of the 
government. As each new State was admitted, the first 
senators elected from it were placed in two of these 
classes, so that the terms of both senators from a State 
should not expire at the same time, one being elected for 
a long, the other for a short, term. In this way the 
system is maintained, and the terms of both senators from 
a State cannot expire at the same time. The Constitution 
requires certain qualifications in a senator. 

He must be not less than thirty years of age. 

He must have been nine years a citizen of the 
United States. 

He must be when elected an inhabitant of the 
State for which he is elected. 



134 THE UNITED STATES. 

The Senate is sometimes called the upper house. This designation 
comes to ns from the usage in Great Britain. The British legisla- 
ture, or parliament, has two houses — the House of Lords and the 
House of Commons. The House of Lords is not elected. It is 
composed of members of the nobility or "upper classes" ; hence 
it is called the upper house. The United States Senate represents 
the States, not with regard to population, but in their character 
as, within certain limits, sovereign political powers. The Senate 
is, therefore, in a sense a higher body than the other house of 
Congress. 

87. House of Representatives. — The members of the 
House of Representatives are called congressmen. They 
are elected by the voters of the States, each congress- 
man for a term of two years. The number of congress- 
men for each State is in proportion to the population 
of the State. According to the Constitution the number 
must not he more than one for every thirty thousand of 
population, and each State must have at least one. But 
each State has not a congressman for every thirty thou- 
sand of its population. Such a proportion, with the pres- 
ent population of the United States, w r ould make a House 
of Representatives of more than two thousand members. 
This would be far too large a number for a legislative 
body. The proportion of congressmen to population is 
not permanent. The number of members of the House 
of Representatives is fixed by Congress every ten years, 
and during that time cannot be changed unless Terri- 
tories are admitted as States. When a new State is 
admitted, it gets proportionate representation, which may 
increase the number of congressmen. When the total 
number of congressmen has been fixed, they are allotted, 
or apportioned, among the States, according to popula- 
tion. 

The apportionment of congressmen is made according to the 
population as ascertained by the census taken every ten years. 



HOUSE OF REPRESENTATIVES. 135 

By the census of 1890 the population of the United States, omit- 
ting the Territories, was 01,908,906. The number of members of 
the House of Representatives fixed by Congress in 1891 was 856. 
Dividing 61,908,906 by 356 gives (omitting remainder) 173,901. 
During the present decennial period (beginning with 1891) every 
State is therefore entitled to one congressman for every 173,901 of 
its population. 

For the purpose of congressional elections each State 
is usually divided into as many districts as it has members 
in the House of Representatives. The districts in each 
State are numbered in consecutive order, beginning with 
the first congressional district. North Carolina has nine 
such districts, and in each a congressman is elected every 
two years. A congressman must have certain qualifica- 
tions prescribed by the Constitution. 

He must be not less than twenty-five years of age. 

He must have been seven years a citizen of the 
United States. 

He must be, when elected, an inhabitant of the 
State in which he is elected. 

The House of Representatives elects one of its own 
number to preside over its sessions, who is called the 
Speaker. 

88. The Territories are districts which have not yet 
become States of the Union. 

A Territory has a delegate in the House of Rep- 
resentatives, but no representation in the Senate. 

The delegate from a Territory may speak in the 
House, but cannot vote. 

A Territory, when authorized by Congress, may 
frame and adopt a constitution, and, if this consti- 
tution is approved by Congress, may be admitted 
as a State. 



*36 THE UNITED STATES. 

The governor, the judges, and other chief officials 
of a Territory are appointed by the President of 
the United States. The laws made by the legisla- 
ture of a Territory may be vetoed by Congress. 

The District of Columbia, in which Washington is situated, has no 
representation in Congress. Its government is directed by three 
commissioners, who are appointed by the President of the United 
States. The laws under which it is governed are made by 
Congress. 

For some years there was much irregularity as to the 
time of electing congressmen, but the United States 
statutes now require that they shall be elected in Novem- 
ber of the even years. The term of each congressman 
begins on the 4th of March following his election, but the 
first regular session of Congress does not begin until De- 
cember thereafter, a year and a month after his election. 
The Senate is said to be a perpetual body, from the fact 
that two-thirds of its members always " hold over ; " but 
as the terms of all the representatives expire at the end 
of two years from the 4th of March following their elec- 
tion, the Congress in which they sit is said to expire with 
the expiration of their terms, and a new Congress begins 
with the beginning of the term of the new representatives 
on the 4th of March of the odd numbered }^ears. For 
convenience in distinguishing them, each Congress has 
been numbered consecutively from the first, and is known 
by its appropriate number. The first Congress, elected in 
the even year 1788, served from the 4th of March, 1789, 
to the 4th of March, 1791 ; the Fifty-third Congress was 
elected in November, 1892, and the Fifty-fourth in No- 
vember, 1894. 

The Constitution requires Congress to meet on the first 
of December of each year. Each Congress holds two 



MEETINGS OF CONGRESS. 137 

meetings. The first of these meetings, always held on the 
odd numbered years, is known as the "long session," 
because it may continue until December of the following 
year, and usually does continue until summer. The second 
of these meetings, always beginning on the first Monday 
of December in the even numbered years, cannot possibly 
extend beyond the 4th of March following, because the 
terms of the members expire at that time. Therefore 
this is called the " short session." 

TOPICS FOR EXAMINATION AND REVIEW. 

85. Congress is the legislative department of the United States Gov- 

ernment. It has two houses — the Senate and House of Repre- 
sentatives. It meets annually on the first Monday in December, 
in the Capitol at Washington. 

86. There are two senators from each State. They are elected by 

the State legislatures for a term of six years. A senator must be 
thirty years of age, a citizen of the United States nine years, and, 
when elected, an inhabitant of the State for which he is elected. 

87. Congressmen are elected for a term of two years by the voters of 

the States. The number of congressmen is fixed by Congress 
every ten years, and apportioned to the States according to 
population. There must not be more than one congressman for 
every thirty thousand of population, but each State must have 
at least one. Each State is divided into congressional districts. 
A congressman must be not less than twenty-five years of age, 
a citizen of the United States seven years, and, when elected, an 
inhabitant of the State in which he is elected. The House of Rep- 
resentatives elects a speaker from among its own number. 

88. The Territories are not represented in the Senate. They are not 

States. They have one delegate each in the House of Representa- 
tives. A Territory may become a State and adopt a constitution 
when authorized by Congress. The chief officers of a Territory 
are appointed by the President of the United States. 



CHAPTER III. 



POWERS OF CONGRESS. INTERPRETATION. — CHANGES. 



DERIVATION AND EXPLANATION OF TERMS. 



Bill of Credit. " Within the Con- 
stitution of the United States, a 
paper issued by a State, on the 
mere faith and credit of the 
State, and designed to pass as 
money." — Webster. 

Copyright. A right to the copy ; 
the right of an author of a book, 
or other literary work, that he 
and he only, or some one author- 
ized by him, may print and sell 
the work. Any one who prints 
and sells copyrighted matter 
without permission of the author 
or owner may be punished bylaw. 

Custom. (French coutume, a tax, 
the. usual or customary tax.) A 
tax or duty paid on goods 
brought into, or sent out of, a 
country. Custom-house, a house 
in which customs are paid. 

Duty on tonnage. A tax paid 
per ton on goods coming into, or 
sent out of, a country. 

Excise. (French accise, a tax 
levied on articles within a coun- 
try.) Tariff, custom, or duty is 
a tax on goods when coming into, 
or going out of, a country. Ex- 
cise is an inland tax levied on 



articles produced or consumed 
inland, such as on liquors or to- 
bacco. 

Ex post facto. A Latin phrase, 
the English of which is, from an 
after act. Ex post facto law, a 
law which declares an act to be a 
crime, that was not a crime when 
it was committed, or before the 
law was made ; a law which 
makes the punishment of a crime 
greater than the punishment was 
when the crime was committed. 

High seas. The waters of the 
ocean beyond the land limit of 
any country. 

Impost. (Latin in, upon, and 
positus, placed.) A tax imposed 
or put on goods. 

Law of nations. "A code of 
rules regulating the mutual in- 
tercourse of nations or states. 
These rules depend on natural 
law, or the principles of justice 
which, spring from the social 
state." — Webster. 

Patent. (Latin patere, to be open.) 
A paper or document (supposed 
to be open to public perusal) 
granted by government to pro- 



POWERS OF CONGRESS. 



139 



tect a person's right to some- 
thing he has invented. A patent 
for an invention is, in effect, the 
same as copyright for a book. 

Quarter. To furnish with lodg- 
ing, or food and lodging. In 
some countries soldiers may be 
quartered at private houses with- 
out the consent of the owners. 

Search warrant. A warrant au- 
thorizing a public officer to search 
houses. 

Tender in payment. What is 
offered or tendered as payment 
for goods purchased. Legal ten- 
der is money sanctioned or issued 
with authority of law. 

Title of nobility. In some coun- 
tries there are persons called no- 



blemen, who have titles such as 
duke, earl, marquis. These titles 
are conferred by the king or 
sovereign, and they are heredi- 
tary. When a duke or earl dies, 
his eldest son has the title by 
right of birth. The Constitution 
of the United States prohibits 
the granting of titles of nobility. 

Troops. This word is usually un- 
derstood to mean companies or 
bodies of soldiers. 

Whig. "One of apolitical party 
in the United States from about 
1829 to 1853, opposed in politics 
to the so-called Democrats." — 
Webster. Whig is a British po- 
litical party term. Its derivation 
is uncertain. 



89. The legislative power of Congress is limited by the 
Constitution. It can make no law which the Constitution 
prohibits. The legislative power of Congress is also, to a 
certain extent, limited by the veto power of the President. 
When a bill is passed by the House of Kepresentatives 
and the Senate, it is sent to the President. If the Presi- 
dent signs the bill, it is then law. But he may refuse to 
sign it, and, within ten days, return it to Congress with 
a statement of his objections. In this case the bill is said 
to be vetoed. It may, however, still become law. When 
the President vetoes a bill, if it is again passed in both 
houses by a two-thirds vote in each, it becomes huv with- 
out the President's signature. This is called passing- a 
bill over the President's veto. If the President refuses 
to sign a bill, and does not return it to Congress within 
t<-n days with a statement of his objections, it becomes a 
law without his signature and without any further vote 
by the Congress. 



140 THE UNITED STATES. 

The form of procedure in passing bills in Congress is, in general, the 
same as that in State legislatures. This will be understood from 
the illustration already given of the procedure in the General 
Assembly of North Carolina. 

The powers granted to Congress by the Constitution 
are : 

To lay and collect taxes, duties, imposts, and 
excises, to pay the debts and provide for the com- 
mon defence and general welfare of the United 
States. 

To borrow money. 

To regulate commerce with foreign nations and 
among the several States. 

To establish naturalization and bankruptcy laws. 

To coin money, and regulate its value and the 
value of foreign coin. 

To establish post offices and post roads. 

To issue patents and copyrights. 

To establish courts inferior to the Supreme 
Court. 

To define and punish piracies, and felonies com- 
mitted on the high seas, and offences against the 
law of nations. 

To declare war, grant letters of marque and 
reprisal, and make rules concerning captures on 
land and water. 

To raise and support armies, and provide and 
maintain a navy. 

To provide for calling out the militia to execute 
the laws of the Union, suppress insurrections, and 
repel invasions. 

To exercise legislation over the district chosen to 
be the seat of the United States Government, and 
over all places purchased by the consent of the 



POWERS DENIED TO THE STATES. 141 

legislature of the State in which the same shall be, 
for the erection of forts, magazines, arsenals, dock- 
yards, and other needful buildings. 

To control the territory belonging to the United 
States, and provide for the organization of new 
States. 

To make all laws which shall be necessary and 
proper for carrying into execution the foregoing 
powers, and all other powers vested by this Consti- 
tution in the Government of the United States, or 
in any department or office thereof. 

Letters of marque are letters of license or permission granted by the 
government of a country to a citizen of that country, authorizing 
him to make reprisals at sea on subjects or citizens of another 
country. Reprisal (Latin re, back, and preliendere , to take) is 
the taking (back) of something from an enemy by way of indem- 
nity, or equivalent, for something the enemy has taken. In times 
of war between countries, the governments may issue letters of 
marque or reprisal to any of their citizens who have been robbed 
or injured on the high seas by the enemy. 

Having voluntarily granted these powers to Congress 
in the Constitution, and wishing to avoid any conflict of 
authority, the States formally renounced all future right 
to exercise these powers. The States agreed that 

Xo State shall enter into any treaty, alliance, or 
confederation ; grant letters of marque or reprisal ; 
coin money ; emit bills of credit ; make anything 
but gold and silver coin a tender in payment of 
debts; pass any bills of attainder, ex post facto 
law, or law impairing the obligation of contracts, 
or grant any title of nobility. 

No State shall, without the consent of the Con- 
gress, lay any imposts or duties on imports or 



142 THE UNITED STATES. 

exports except what may be absolutely necessary 
for executing its inspection laws ; and the net prod- 
uce of all duties and imposts, laid by any State 
on imports or exports, shall be for the use of the 
treasury of the United States ; and all such laws 
shall be subject to the revision and control of 
Congress. 

No State shall, without the consent of Congress, 
lay any duty on tonnage, keep troops or ships of 
war in time of peace, enter into any agreement or 
compact with another State, or with a foreign 
power, or engage in war unless actually invaded, 
or in such imminent danger as will not admit of 
delay. 

Bill of attainder was a method of punishment in England in former 
times. It was employed against persons charged with crimes such 
as high treason. The accused was tried by Parliament instead of 
in a court of law. If convicted, that is, if the bill of attainder 
passed, he was punished either by death or banishment. In either 
case his children could not inherit property through him. His 
blood was said to be tainted (Latin tingere, to taint) or corrupted, 
so that the right of inheritance was forfeited in him and in his 
children so far as the right came to them through him. His 
property was forfeited to the king. 

Having granted Congress necessary powers, and having 
denied these powers to the States, the Constitution in the 
same article denies to Congress certain powers that 
might be dangerous to individual liberty or to the freedom 
of the States. 

The privilege of the writ of habeas corpus shall 
not be suspended, unless when, in cases of rebellion 
or invasion, the public safety may require it. 

No bill of attainder or ex post facto law shall be 
passed. 



POWERS DENIED TO CONGRESS. 143 

No capitation (poll tax) or other direct tax 
shall be levied, except in proportion to the popula- 
tion of the State as shown by the census. 

No tax or duty shall be levied on articles ex- 
ported from any State. 

No preference shall be given by any regulation 
of commerce or revenue, to the ports of one State 
over those of another ; nor shall vessels bound to 
or from one State be obliged to enter, clear, or pay 
duties in another. 

Xo money shall be drawn from the treasury, ex- 
cept in consequence of appropriations made by law. 

No title of nobility shall be granted by the 
United States, and no person holding an office 
under them shall, without the consent of Congress, 
accept any present, emolument, office, or title of 
any kind whatever, from any king, prince, or for- 
eign state. 

"When the Constitution was first submitted to the 
States, they thought the powers of Congress were still not 
sufficiently restricted, and so the first ten amendments 
were adopted as a further protection for individual lib- 
erty. These amendments supply the place of a " Bill of 
Rights," and guarantee 

Freedom of religion, freedom of the press, and 
freedom of speech ; 

The right to assemble and to petition for redress 
of grievances ; 

The right to bear arms ; 

That soldiers shall not, in time of peace, be 
quartered in any house without the consent of the 
owner, nor in time of war except as may be pre- 
scribed by law ; 



144 THE UNITED STATES. 

That the people shall be secure in their persons, 
houses, papers, and effects, against unreasonable 
searches and seizures ; 

That general search-warrants shall be prohibited ; 

That trial by jury shall be guaranteed ; 

That no person shall be deprived of life, liberty, 
or property, without due process of law ; 

That the powers not delegated to the United 
States by the Constitution, nor prohibited by it to 
the States, are reserved to the States or to the 
people. 

90, Inteepeetation of the Powees of Cong-eess. — 
The discussion of the Constitution before its adoption led 
to the formation of two political parties — the Federalists, 
who favored it, and the Anti-Federalists, who opposed 
it. After it was adopted by the States, and Congress 
began to exercise its powers, the two political parties 
could not agree as to the meaning of some of its clauses. 
The Constitution gives Congress power " to pay the debts 
and provide for the common defence and general welfare 
of the United States." It also gives Congress power " to 
make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers and all 
other powers vested in the Government of the United 
States." The first of these clauses was called the 
" general welfare clause," the second was called the 
"elastic clause." These two clauses were the cause of 
bitter contests. 

Alexander Hamilton and the Federalists claimed that 
these clauses authorized or implied large powers for Con- 
gress, which were not actually mentioned in the Consti- 
tution, and he claimed that Congress was the judge of 
what powers were implied. This was called " loose con- 



IXTERPKETATION OF THE POWERS OF CONGRESS. 145 

stroctioD." Thomas Jefferson and the Anti-Fecleralists 
favored restricting the powers of Congress to those 
specified or necessarily implied in the Constitution. 
They contended that all other powers were reserved to 
the States or the people, and that the Tenth Amendment 
distinctly stated this. This was called the "strict con- 
struction " of the Constitution. 

The Federalists and Anti-Federalists were our first national politi- 
cal parties. Since their day we have had the National Repub- 
licans, the Whigs, and the Republicans, whose views as to this 
construction of the Constitution were similar to those of the Fed- 
eralists ; and we have also had the Republicans (the name first 
adopted by the followers of Jefferson) and the Democrats, whose 
views on this question of construction have been similar to those 
of the Anti-Federalists. Though these parties have held and 
advocated opposite views on many questions, the fundamental 
ground of difference has been the construction or interpretation of 
the Constitution with respect to the powers of Congress and the 
rights of the States. These constructions have been pleaded in 
support of their opposing policies on many of the great questions 
that have arisen from time to time. 

91. It may be wondered why the framers of the Con- 
stitution did not put all its clauses into language so clear 
and plain that no difference of opinion could arise as to 
the meaning of any part of it. It must be remembered 
that the Constitution was a compromise between the 
opposite views of two contending parties in the Conven- 
tion that framed it. The smaller States were not will- 
ing to agree to any constitution which would. give them 
power in Congress than the large States. 

The question as to the power each State should have in 
Congress was settled by equal representation in the Sen- 
ate. This secured equal power in Congress for every 
state as no law can be made without the consent of the 
Senate. Bnt why did the States-rights delegates agree 
10 



146 THE UNITED STATES. 

to the " general welfare clause " and the " elastic clause " ? 
They either did not foresee the meaning that was after- 
wards given to these clauses, or they thought that the 
compromise of equal State power in the Senate would be 
a sufficient protection for the rights of the States. 

Thomas Jefferson was the first Secretary of State in the new govern- 
ment. Alexander Hamilton was the first Secretary of the Treas- 
ury. They represented two great parties, each contending with the 
other for the control of public affairs. Jefferson was a States-rights 
man, an advocate of strict construction of the Constitution. Ham- 
ilton feared that under strict construction the government would be 
too weak to serve the great purpose for which it was established. 
The people at the ballot box decided between the two parties and 
policies. Jefferson was elected president for two terms, and 
Madison and Monroe, who belonged to the party of Jefferson, were 
each elected two terms. These three men occupied the presidential 
chair for twenty-four years. Here is an illustration of the fact 
that the people have much power in deciding differences in the 
construction of the Constitution. The language of the Constitu- 
tion is general ; it is left to Congress to work out the details. 
The people control Congress; therefore they have the power to give 
effect to their views as to the construction of the Constitution, 
unless, on final appeal, the Supreme Court should decide the 
law unconstitutional which Congress may pass to carry out their 
views. Under the provisions of the Constitution the people may 
decide what policy is to prevail in regard to any of the public 
questions discussed by the political parties. They are limited in 
this respect only by the Constitution as interpreted by the Supreme 
Court. 

92. Changes in the Powees of Congress. — Any of 
the great powers granted to Congress by the Constitution 
may be taken away by amendment, and any additional 
power may be granted in the same way. The Thirteenth, 
Fourteenth, and Fifteenth Amendments all enlarged the 
original powers granted to Congress. All changes have 
been made through amendments proposed by Congress to 
the legislatures of the States, and ratified by the legislatures 



CHANGES IX THE POWERS OF CONGRESS. 147 

of three-fourths of the States, as provided in the Consti- 
tution. Xo State, however, can, without its consent, be 
deprived of its equal representation in the Senate. \Ye 
may safely say that equal representation in the Senate 
for all the States is the one provision in the Constitution 
which cannot be altered, since it is not to be supposed that 
any State would consent to its voting power in the Senate 
beiug made less than that of any other State. The 
legislatures of two-thirds of the States may direct Con- 
gress to call a convention to amend the Constitution. 

TOPICS FOR EXAMINATION AND REVIEW. 

89. Congress can make no law prohibited by the Constitution. The 

President may veto a bill passed by Congress, but if the bill is 
passed again, and by a two-thirds vote in each house, it is passed. 
over the President's veto. A bill becomes a law without the 
President's signature if he does not return it to Congress within 
ton days. 

90. There was much discussion on the interpretation of the Constitu- 

tion. The Anti-Federalists were for strict construction. They 
wished Congress to have only the powers specially mentioned or 
clearly implied in the Constitution as belonging to it. The Feder- 
alists were for loose construction. They held that large powers 
for Congress were implied in the general welfare clause and 
the elastic clause. 

91. Why the framers of the Constitution did not put all its clauses into 

language clear and plain. The Constitution was a compromise. 
The small States wanted equal power in Congress with the large 
States. This was given by establishing the Senate with two mem- 
bers for each State. 

92. The Constitution may be amended with the consent of the legisla- 

tures of three-fourths of the States. But no amendment can be made 
depriving any State of equal representation in the Senate with every 
ether Stale. Two-thirds of the legislatures of the States may 
direct Congress to call a convention to amend the Constitution. 



• CHAPTEE IV. 

EXECUTIVE DEPARTMENT. THE PRESIDENT AND VICE-PRESI- 
DENT ; SECRETARY OF STATE ; SECRETARY OF THE TREAS- 
URY ; SECRETARY OF WAR ; ATTORNEY-GENERAL ; POST- 
MASTER-GENERAL ; SECRETARY OF THE NAVY ; SECRETARY 
OF THE INTERIOR; SECRETARY OF AGRICULTURE. 

DERIVATION AND EXPLANATION OF TERMS. 



Ambassador. (French ambassade, 
an embassy.) One who is sent as 
the representative of a sovereign 
or government to another sover- 
eign or government. The word 
minister is used in much the 
same sense. An ambassador has 
higher rank at the court of a 
king than a minister has. 

Consul. (Latin consulere, to con- 
sult.) A person sent by govern- 
ment to protect the rights, com- 
merce, and general interests of his 
country, in a foreign country. 

Inauguration. (Latin inaugura- 
te, a beginning.) The act of in- 
ducting into office with suitable 
ceremonies. 

National debt. A debt due by a 
nation. In times of war a govern- 
ment has to spend more money 
than its ordinary income or rev- 
enue. To meet such expenditure 
it is obliged to borrow money. 
In this way national debts have 
been incurred. 



Passport. There are some coun- 
tries which foreigners are not al- 
lowed to visit or travel in with- 
out a passport. A person obtains 
a passport from the Secretary of 
State of his own country, and on 
showing it, when required, to the 
government officials of the foreign 
country, he is permitted to travel 
through the country (to pass the 
ports). The passport is a letter 
or document certifying that the 
holder of it is on lawful business. 

Pension. (French, from Latin 
pensio, a paying, payment.) A 
stated allowance to a person in 
consideration of past services ; 
especially a sum paid at regular 
intervals by the government to 
retired public officers, disabled 
soldiers, or to the dependent 
relatives of those killed in ser- 
vice. 

Patronage. (Latin pater, a father.) 
In a political sense, as official 
patronage, the appointments to 



EXECUTIVE DEPARTMENT. 



149 



office which a government official 
has at his disposal. 
Statistics. " A collection of facts 
arranged and classified, respect- 
ing the condition of the people 



in a state, their health, domestic 
economy, arts, property, and polit- 
ical strength, their resources, the 
state of the country."' — Web- 
ster. 



93. The President. — The executive power of the gov- 
ernment of the United States is vested in the President, 
who is sometimes called the Executive or the Chief Execu- 
tive. He is the highest public officer of the United States. 

The President is elected for a term of four years. He 
must have certain qualifications prescribed in the Con- 
stitution. 

He must be a natural-born citizen of the United 
States. 

He must be not less than thirty-five years of age. 

He must have been fourteen years a resident 
within the United States. 



Evidently it is both a wise and necessary provision of our .Constitu- 
tion that candidates for the presidency should have these qualifi- 
cations. It is natural for a man to love the country of his birth 
more than any other country. The chief executive officer of a 
great nation should be a person of large experience and mature 
judgment. He should, by long residence, be thoroughly familiar 
with its system of government and its institutions. His fellow- 
citizens should have opportunity of knowing him for many years 
as a resident citizen, so as to be assured that he is worthy to be 
intrusted with so important a charge, and that he is in every way 
capable of properly performing the duties of so high an office. 

94. How the President is Elected. — The way in 

which the President and Yice-President of the United 
States are elected is prescribed in the Twelfth Amend- 
ment to the Constitution. (See Appendix, p. lxxxiii.) 

On election day we do not cast our ballots for the 
candidates who have been nominated for the offices of 



150 THE UNITED STATES. 

President and Yice-President. We vote for certain 
persons called electors, who collectively are called the 
Electoral College. In every State each political party 
nominates its candidates for electors, and the candidates 
in each State who receive the majority or plurality of 
votes meet afterwards and cast the electoral vote of their 
State for the candidates of their party for President and 
Yice-President. 

While the people dp not elect a President and Vice-President by a 
direct vote, the electors are instructed to vote for a particular 
candidate, and the vote given in favor of certain electors is a vote 
for that candidate. This vote is called the popular vote. It is 
interesting, because it indicates the direct preference of the people ; 
but it is not decisive, because a candidate may receive a large 
majority of the popular vote, and fail to be elected, because a 
majority of the electoral vote is against him. 

Each State is entitled to as many electoral votes as it 
has senators and representatives in Congress; and one 
elector is chosen to cast each vote to which the State is 
entitled. North Carolina has nine representatives and 
'two senators. At a Presidential election each political 
party in North Carolina has, therefore, the names of eleven 
candidates for electors on its ballot for President and 
Yice-President. 

The electors for each State meet on the second Monday 
in January after the election, at the capital of the State, 
and vote by ballot for President and Yice-President. 
When they have voted they send to the President of the 
Senate at Washington lists of the persons voted for, with 
the number of votes given for each. The votes from all 
the States are counted in presence of the Senate and 
House of Representatives. • 

The Constitution does not declare how the votes shall he counted, 

and makes no provision for a case where there is a contest as to the 



EXECUTIVE DEPARTMENT. 



151 



legal vote of a State. In 1876 two sets of electors, each set claim- 
ing to be legally elected, met in several of the States, and each 
cast its electoral vote for its own candidate. In the absence of 
any provision for deciding which vote should be counted, an 
Electoral Commission was created by Congress to pass 
upon this question. The commission consisted of eight Republi- 
cans and seven Democrats, and, by a strict party vote of eight to 
seven, decided to receive and count the returns sent in by the 
Republican electors from every contested State. To guard 
against similar trouble in the future, Congress enacted a law 
regulating the counting of the electoral votes, which provides that 
in the event of two sets of returns from any State, those votes 
shall be counted which both Houses of Congress decide to be the 
true and lawful votes of the State ; but if the two Houses of Con- 
gress do not agree as to which are the true and lawful returns, 
those votes are to be counted to which the certificate of the 
governor of the State is attached. 

The candidate who has received a majority of all the 
electoral votes is declared elected President ; but if no one 
has received a majority of all the electoral votes, the House 
of Representatives, voting by States, and each State cast- 
ing only one vote, elects a President from the three persons 
who have the greatest number of electoral votes. The 
person having a majority of all the electoral votes for 
Vice-President is declared elected. But if no candidate has 
a majority, the Senate chooses a Vice-President from the 
two on the list who have the highest number of electoral 
votes for Vice-President. 

In no provision of the Constitution is the Federal char- 
acter of the union of States so clearly shown as in the 
election of a Chief Executive. The President is elected by 
States in the Electoral College, or by States in the House 
of Representatives if no election is made by the College. 
The election of a Chief Executive is the highest preroga- 
tive, and the fact that this is reserved to the States has 
been an insurmountable obstacle to those avIio would class 



152 



THE UNITED STATES. 



the States as mere subdivisions of a centralized nation. 
Any State legislature has a right to appoint electors to 
cast the vote of the State. 

The Territories have no part in the election of President and 
Vice-President. Under the apportionment of 1891 the total num- 
ber of Presidential electors that may be chosen for all the 
States is four-hundred and forty-four, equal to the total number of 
senators and congressmen. A majority of this number, at least two 
hundred and twenty-three, is necessary for the election of a Presi- 
dent by the electors. If no Presidential candidate receives as many 
as two hundred and twenty-three electoral votes, the election goes 
to the House of Representatives. The admission of each new 
State changes the figures here used. 

95. The President's Duties. — The President enters on 
his duties (is inaugurated) on the 4th of March next 
after his election. Before inauguration he must make 
oath or affirmation in the following form : 

" I do solemnly swear (or affirm) that I will 
faithfully execute the office of President of the 
United States, and will, to the best of my ability, 
preserve, protect, and defend the Constitution of 
the United States." 

The duties of the President of the United States are 
numerous and of the highest importance. So great are 
the powers, and so extensive is the patronage annexed to 
the office, that by universal sanction it has never been 
conferred on any one person for a longer period than 
two terms. The principal powers and duties of the 
President are set forth in the Constitution, Article II., 
Sections 2 and 3. 

To assist him in the performance of his duties, Congress 
has provided that the President may appoint an officer to 
direct and supervise the business of each of the executive 



EXECUTIVE DEPARTMENT. 153 

departments. Besides being the directors of the depart- 
ments to which they are assigned, those officers are the 
Cabinet, or advisory council, of the President. At his 
call they meet him in his official residence for the con- 
sideration and discussion of public affairs, and to receive 
from him any suggestions or instructions he may have to 
offer in relation to the business of their departments. 

The Presidential Mansion, or official residence of the President, is in 
Washington. It is commonly called the White House. It is 
furnished and maintained at the public expense, for the use of the 
President. 

The Constitution of the United States prescribes 
that " The President, Vice-President, and all civil 
officers of the United States, shall be removed from 
office on impeachment for, and conviction of, 
treason, bribery, or other high crimes and mis- 
demeanors." 

The Senate is the court of trial in impeachment cases, 
just as the State Senate is in Xorth Carolina, and when 
the President is tried, the Chief Justice of the United 
States presides in the Senate. 

90. The Vice-President of the United States is presi- 
dent, ex officio^ of the Senate. He may become Presi- 
dent of the United States in the event of the removal of 
the President from office, or in the event of the President's 
deatli, resignation, or inability to discharge the duties of 
the office. 

The President's cabinet is composed of the Secretary 
of State, the Secretary of the Treasury, the Secretary of 
War, the Attorney-General, the Postmaster-General, the 
Secretary of the Navy, the Secretary <>l the Interior, 
and the Secretary of Agriculture. All these are ap- 
pointed by the President, but the appointment of each 



154 THE UNITED STATES. 

must be approved by the Senate before it is valid, as 
must all other Presidential appointees to office. The 
proper carrying on of the business of the departments 
presided over by these officers requires an enormous num- 
ber of subordinate officers, probably more than one hun- 
dred and fifty thousand. Many of them are appointed 
by the President, but the greater number receive their 
appointments from the heads of the departments in which 
they serve. 

The Constitution failed to provide for a successor to the President in 
the event of the death of the Vice-President. This defect of the 
Constitution was remedied in 1792 by an act of Congress which 
provided that, in such an emergency, the president pro tern, of the 
Senate should become President, and that if there was no president 
pro tern, of the Senate, the speaker of the House of Representa- 
tives should succeed. During President Cleveland's first term, 
when Vice-President Hendricks died, the majority of the Senate, 
being Republicans, had elected one of their party president pro 
tern. Under these circumstances, if President Cleveland had died, 
a Republican would have succeeded as President, and the Senate 
recognized that this situation offered serious temptations for the 
assassination of the President. For that reason and others, both 
parties agreed upon repealing the law of 1792, and passing the 
"Presidential Succession Act," which provides that in the* event 
of the death of both President and Vice-President, the members of 
the Cabinet, who are always of the political party to which the 
President belongs, shall succeed to the Presidency in the fol- 
lowing order : Secretary of State, Secretary of the Treasury, Sec- 
retary of War, Attorney-General, Postmaster-General, Secretary 
of the Navy, Secretary of the Interior. 

97. Secretary of State. — The Secretary of State is 
the principal cabinet officer. He countersigns all procla- 
mations and important official documents issued by the 
President. He has custody of the Great Seal of the 
United States. He publishes the laws enacted by Con- 
gress. He has direction of the diplomatic or foreign 
affairs of the country. He communicates with, and, 



EXECUTIVE DEPARTMENT. 155 

when necessary, gives instructions to, our ambassadors, 
ministers, and consuls in foreign countries. 

The United States send to the capitals of foreign nations certain 
officers who are called ambassadors or ministers. An ambas- 
sador or minister represents our government (that is, the Gov- 
ernment of the United States) in any matter that may arise 
between it and the government of the country to which lie is 
accredited. It is his duty to guard American interests in 
that country, and, if necessary, to protect American citizens who 
may be residents in it, or travelling there on business or pleasure. 
American consuls are business agents of our government in 
foreign countries to look after and protect American interests 
at important business centres. In every considerable town or city 
in nearly every foreign country, there is a resident United States 
consul. The consuls not only protect American mercantile rights 
and interests when necessary, but they send to the Secretary of 
State at Washington reports on the trade, industrial, and commer- 
cial affairs in the cities or countries in which they reside. These 
reports are printed at the public expense. They are very valuable 
to our manufacturers and merchants, who find in them reliable 
information which is of use to them in their business enterprises 
in various parts of the world. In a semi-civilized country all 
American citizens charged with violating the law of that country 
are tried before the American consul ; but in a civilized country, 
like England, American citizens violating the laws are tried in 
the regular courts of that country. 

The Secretary of State furnishes passports to American 
citizens about to travel in foreign countries where pass- 
ports are required. Every foreign country is represented 
in the United States by an ambassador or minister, who 
resides at Washington. When these ministers desire to 
communicate with our government, they do so through 
our Secretary of State. 

98. Secretary of the Treasury. — The Secretary of 
the Treasury has the management of the financial affairs 
of the United States. It is his duty to prepare plans for 
the improvement of the revenue, and to superintend the 



15G THE UNITED STATES. 

collection of it. He grants warrants for all moneys drawn 
from the treasury, and every year he presents to Con- 
gress a statement of the income and expenditure of the 
government. He issues periodical reports relating to the 
national debt. He superintends the coinage of money, 
and the issue of paper currency (paper money). He super- 
vises the national banks, and he has charge of the national 
treasury at Washington. 

The Treasury Building in Washington City covers four acres, and con- 
tains the vaults in which are deposited millions of dollars of gold, 
silver, and national bank bonds. Over sixteen thousand persons 
are employed in the Treasury Department, twenty-five hundred of 
them being in this building. The custom-houses at all our sea- 
ports are under the Treasury Department. The internal revenue 
collectors and other officers throughout the United States are 
controlled by the Secretary of the Treasury, and he has at his 
command a force of secret service detectives. The United States 
Mints, where our gold and silver is coined, are located at Phila- 
delphia, New Orleans, Carson City, and San Francisco. 

99. Secretary of War. — The Secretary of War has 
direction of the military service of the country. He 
supervises all expenditure of public money for the support 
of the army of the United States. He has supervision of 
the United States Military Academy at West Point. He 
has control of the improvement of rivers and harbors. 
Plans for bridges over navigable waters in the United 
States must be inspected and approved by him after Con- 
gress has given authority for such bridges. 

The United States Military Academy at West Point was established by 
the Government in 1802 for the education of officers for the army. 
The students of the academy are called cadets, and each one, 
upon his appointment, becomes a soldier of the United States 
Army, enlisted for eight years, four of which are passed at the 
academy and four in active service after his graduation. The 
cadets are appointed as follows : One from each congressional 



EXECUTIVE DEPARTMENT. 15 ^ 

district, one from the District of Columbia, one from each Terri- 
tory, and ten from the United States at large. They are all 
appointed by the President, but each member of the House of 
Representatives has the privilege of nominating the one from 
his congressional district, and the Territorial delegate nominates 
the one from his Territory. The cadets from the District of 
Columbia and the ten from the United States at large are 
appointed by the President personally without being nominated 
by any one. Each cadet must be not less than seventeen nor more 
than twenty-two years of age, must pass an examination pre- 
scribed by the officers at West Point, and also a physical examina- 
tion as to his height and physical strength. It is the privilege of 
the Representative in Congress to nominate any one he pleases 
when a vacancy occurs in his district, but of late years many 
congressmen have held a competitive examination, in 
which every young man in the district has the right to compete, 
and have awarded the nomination to the candidate who passes the 
best examination. Upon their graduation the cadets are com- 
missioned second lieutenants in the army. Each cadet 
receives an allowance while he is at the academy sufficient to pay 
his entire expenses for clothing, board, etc. All the expenses of 
the academy are paid by an appropriation by Congress, and the 
course of instruction is designed to give the best intellectual and 
military training to the men who will in future days command 
our armies. 

100. The Attoexey-Gexeral. — This officer is the law 
agent of the government. He performs for the United 
States Government duties analogous to those performed 
for a State Government by the State Attorney-General. 

101. The Postmaster-Gexeral. — The post-office ser- 
vice of the country is under the direction of the Post- 
master-General. He has the appointment of a very 
large number of officers. The prompt transmission of the 
mail matter, and the efficient discharge of the duties of 
his office, are of very great importance to the people in their 
every-dav life. 

The Post-Office Department has six hundred clerks in the building at 
Washington, and over one hundred thousand employees outside. 



158 THE UNITED STATES. 

Of the latter, sixty-three thousand are postmasters, and six thou- 
sand are employed in the railway mail service. 

102. Secretary of the Navy. — The Secretary of the 
Navy has control of our naval forces. He superintends 
and directs the construction and equipment of the United 
States ships of war. 

The Naval Academy at Annapolis, designed to train officers for our 
navy, is organized upon the same plan as the Military Academy 
at West Point. The students are called cadet midshipmen, and 
must be not less than fourteen nor more than eighteen years old. 
The number of cadet midshipmen is the same as the number of 
cadets at the Military Academy, and they are appointed in the 
same way. The course embraces six years, and includes a cruise 
which will familiarize the midshipmen with the practical handling 
of a ship. Of late years the two members of each class graduat- 
ing with highest honors are sent abroad to study naval architect- 
ure at the expense of our government. 

103. The Secretary of the Interior. — A vast amount 
of public business is directed by the Secretary of the In- 
terior, including the management of the public lands, 
the issuing of patents, the granting of pensions, govern- 
ment relations with .the Indians, the decennial census, 
and the preparation and publication of statistics on edu- 
cation. 

104. The Secretary of xAgriculture. — This officer 
supervises public business relating to the agricultural 
interests of the country. He has direction of a number 
of bureaus (departments) in which scientific investiga- 
tions and experiments are made with the object of im- 
proving, promoting, and disseminating knowledge on all 
matters pertaining to the cultivation of land, and the 
proper management of farm live-stock. 

The Weather Bureau was originally organized under the Depart- 
ment of War, but has been transferred to the Department of 
Agriculture. All over the United States are officers of the Bureau, 



EXECUTIVE DEPARTMENT. 159 

called observers, whose duty it is, at regular times each day, 
to observe the temperature, the amount of moisture in the air, the 
direction and velocity of the wind, and the rainfall or snowfall, 
and to telegraph these reports to Washington City. From these 
reports the Weather Bureau prepares " forecasts" which inform the 
people what kind of weather may be expected the next day. Cold 
■weather comes in waves across the country, and the observers 
telegraph the coming of a cold wave, so that farmers and garden- 
ers have timely notice and can protect their growing crops from 
the frost. If sugar-cane freezes, the sugar is injured, and for 
several years past the sugar planters of Louisiana have had one or 
two days' notice of the coming of a cold wave, which has enabled 
them to save their crops. The coming of a storm is also ob- 
served, and storm signals are displayed at all the ports so that 
ships about to sail can wait until the storm has passed. Small 
flags are used as signals. 

TOPICS FOR EXAMINATION AND REVIEW. 

93. The President is Chief Executive of the United States. He is 
elected every four years. He must he a native of the United 
States, not less than thirty-five years of age, and a resident in the 
United States for fourteen years. 

04. The Presidenl and Vice-President are elected, not directly by the 
people, but by electors who are elected by the voters in each 
Stale. Each Slate has as many electors as it has senators and 
congressmen. Election of President and Vice-President by elec- 
tors requires a majority. If no candidate has a majority, the 
President is elected by the House of Representatives ; the Vice- 
President is elected by the Senate. 

95. The President is inaugurated on the 4th of March next after 

election. He must take an oath or make affirmation that he will 
discharge the duties faithfully and support the Constitution. The 
President has officers to assist him. They are called the Cahinet. 
The President and all civil officers may be impeached. Trial on 
impeachment i- by the Senate. If the President is impeached, the 
Chief Justice presides at the trial. 

96. The Vice-Presidenl i- President of the Senate. He becomes 

President of the United Stat-- if the President is removed from 
office, or resigns, or dies, or i- unable to discharge tie' duties. 
The cabinet officers arc appointed by the President, subject to 
approval by (he Senate. They are the Secretary of St ate, of 



■ 



100 THE UNITED STATES. 

the Treasury, of War, of the Navy, of the Interior, of Agriculture, 
the Postmaster-General and the Attorney-General. 

97. The Secretary of State is the principal cabinet officer. He counter- 

signs important documents issued by the President. He has 
direction of the foreign affairs. He communicates with and in- 
structs United States ambassadors, ministers, and consuls. 

98. The Secretary of the Treasury has charge of financial affairs. 

He superintends collection of revenue, makes reports to Congress 
of government income and expenditure, controls the coinage, 
supervises the national banks, has charge of the national treas- 
ury. 

99. The Secretary of War directs the military service. He super- 

vises expenditure for the army, controls improvements of harbors 
and rivers, and inspects plans for bridges over United States 
navigable waters. 

100. The Attorney-General is the agent and adviser of the government 
in matters of law. 

101. The post-office service is directed by the Postmaster-General. 

102. The Secretary of the Navy controls the naval forces, and 
directs the construction and equipment of United States war 
ships. 

103. The Secretary of the Interior directs the management of pub- 
lic lands, the granting of patents and pensions, our relations with 
the Indians, the taking of the census, and the publication of statis- 
tics on education. 

104. The Secretary of Agriculture directs a number of bureaus in which 
scientific experiments are made for the promotion of knowledge 
as to the cultivation of land and the proper management of 
farm live-stock. 



CHAPTEK Y. 

SUPREME COURT OU- THE UNITED STATES. CIRCUIT COURTS OF 

APPEALS. CIRCUIT COURTS. DISTRICT COURTS. 

DERIVATION AND EXPLANATION OF TERMS. 



Admiralty and maritime ju- 
risdiction. Every ship has a 
name and a home, and sails under 
the flag of some nation. All con- 
troversies concerning ships are 
called admiralty cases, and all 
crimes committed on a ship 
come under the admiralty juris- 
diction of the nation under whose 
flag the ship sails. In the United 
S ites the Federal courts have 
charge of all admiralty and mari- 
time eases, and no cases concern- 
ing shipping can be brought into 
State courts. 

Circuit courts. Circuit. (Latin 
circum, around, and ire, to go.) 
The judges go around and visit 
different parts of a State or 
country to hold circuit courts. 



Original jurisdiction. The au- 
thority of a court to try a case 
on its first hearing. The court 
in which a party may begin an 
action is said to have original 
jurisdiction of that action. It is 
distinguished from Appellate ju- 
risdiction, which is the authority 
to try cases on appeal from a 
lower court. 

Quorum. (Latin quorum, of 
whom.) Such a number of offi- 
cers oi- members of any body as 
is competent by law or constitu- 
tion to transact business. A ma- 
jority of all the members usually 
makes a quorum. (The term arose 
from the Latin words that were 
formerly used in commissions is- 
sued to justices of the peace.) 



105. The judicial power of the Government of the 
United States is vested by the Constitution in one Supreme 
Court, and in such inferior courts as Congress may, from 
tine to time, establish. The judges who preside in these 
courts are appointed for life, but maybe removed upon 
impeachment and conviction. Any judge who has attained 
the age of seventy years and has been on the bench for ten 
11 



162 THE UNITED STATES. 

years, may, if he desires, retire upon full pay. The United 
States courts are called Federal courts to distinguish 
them from State courts. 

The judicial power of the United States extends to all cases in law and 
equity arising under the Constitution and laws of the United 
States, and under our treaties with foreign nations; to all cases 
concerning ambassadors and other public ministers and consuls; 
to all cases of admiralty and maritime jurisdiction; to controversies 
between two or more States, between citizens of different States, 
between citizens of the same State claiming lands under grants of 
different States, and between a State, or the citizens thereof, and 
foreign States. The clause in the Constitution which defines the 
judicial power of the United States was construed to permit an 
individual to sue a State in the United States courts, and this con- 
struction was very objectionable to the States, because each State 
was a sovereign, and in law a sovereign cannot be sued without 
his consent. The Eleventh Amendment was adopted to prevent 
such a construction being placed upon the words of the Con- 
stitution granting judicial power to the United States courts. 

106. The Supbeme Court. — The Supreme Court con- 
sists of a Chief Justice and eight Associate Justices, and six 
of these constitute a quorum. The court sits in Washing- 
ton, and the justices all wear black robes. Any lawsuit in 
which an ambassador, minister, or consul of another nation, 
or one of the States of the Union, is a party, may be brought 
at once in the Supreme Court of the United States, and 
the court is said to have " original jurisdiction " over these 
cases. Yery few such cases occur. All other cases, how- 
ever, can be brought to the Supreme Court only upon an 
appeal. The Supreme Court is the court of last resort in 
America, and has the power to declare any law void when, 
in its opinion, that law conflicts with the Constitution. 
It has the power to interpret the Constitution where 
doubt exists as to the construction, and also to interpret 
all laws that may be passed by Congress. Our Supreme 
Court has always been composed of men of the highest 



CIRCUIT COURT OF APPEALS. 103 

ability, and its decisions are recognized in all the civilized 
world. 

While the Supreme Court is the highest legal tribunal and the court of 
last resort in the United States, it is only so in cases coming 
under the laws of Congress or involving a construction of the 
Constitution of the United States. In all law-suits between 
citizens of a State and in all criminal prosecutions under the 
State law, the Supreme Court of each State is a court of 
final resort, and the Supreme Court of the United States has no 
authority to review or reverse the decisions of the Supreme Court 
of any State unless the decision involves a construction of the 
Constitution of the United States. 

107. The Inferior Courts. — Under the authority given 
by the Constitution, Congress has established a num- 
ber of courts inferior to the Supreme Court. These in- 
clude the Circuit Courts of Appeals, the Circuit Courts, 
the District Courts, and the Court of Claims. In the Dis- 
trict of Columbia and in the Territories, Congress has 
established courts which have only local jurisdiction and 
take the place of State courts in their respective localities, 
but do not concern the States. 

108. Circuit Courts of Appeals and Circuit Courts. 
— The United States is divided into nine circuits, and one 
justice of the Supreme Court, called the Circuit Justice, is 
assigned to each one of these circuits. At least once in every 
two years, during the recess of the Supreme Court, the Cir- 
cuit Justice held a court in each State of his circuit. The 
District Judge sat with him, and the court was called the 
Circuit Court. It had appellate jurisdiction. In 1869, to 
relieve the Supreme Court Justices of a part of the work, 
Congress provided for the appointment of nine Circuit 
Judges, one for each of the circuits, and provided that the 
Circuit Court might be presided over either by the Supreme 
Court Justice or the Circuit Judge, or by either of them 
in connection with the District Judge. 



J64 THE UNITED STATES. 

Only a few years since, Congress created, between the 
Circuit Court and the Supreme Court, an intermediate 
court, which is called the Circuit Court of Appeals, and 
which is intended to relieve the Supreme Court of much of 
its labor by hearing appeals from the lower courts. An 
additional Circuit Judge was appointed for each circuit, 
and the Circuit Court of Appeals is held by two or three 
of the Circuit or District Judges, with the Supreme Court 
Justice of the circuit, or one of the Circuit Judges, pre- 
siding. (The second circuit, which includes "New York, 
has three Circuit Judges.) This court was made a court 
of final resort in all civil suits involving less than five 
thousand dollars, and in all criminal cases except those 
involving the constructions of the Constitution. The Cir- 
cuit Court thus ceased to be an appellate court. 

North Carolina is in the fourth circuit. Maryland, South Carolina, 
Virginia, and West Virginia are the other States constituting this 
circuit. Terms of the Circuit Court are held regularly in the 
districts of North Carolina. The Circuit Court of Appeals for 
the circuit is held in Richmond, Va. 

109. District Coiikts. — There is a District Court in 
each State, presided over by a District Judge, and in North 
Carolina and the larger States there are two districts, with 
a judge for each. (New York has three District Judges.) 
Each District Judge is a citizen of the State in which he 
is appointed, and he may also hold a Circuit Court. The 
District Court has original jurisdiction in admiralty and 
maritime cases. 

The laws about ships and vessels are called admiralty laws, and aire very 
peculiar and interesting. Every vessel must have a name which 
cannot be changed, must have a home and be registered there, 
and must sail under the flag of some nation. Every vessel is 
responsible for its own debts and any damage it may do, and can 
be sued just like a person. The right to try these cases is called 



JURISDICTION OF THE FEDERAL COURTS. 165 

admiralty jurisdiction. The deck of every vessel, in whatever 
part of the world it may be. is regarded as the soil of the nation 
under whose flag it sails, and crimes committed at sea are under 
the maritime jurisdiction of that nation. No State courts 
have any jurisdiction in such cases. They all come under the 
admiralty and maritime jurisdiction of the nation, and are 
reserved by the Constitution to the Federal courts. 



Jurisdiction of the Federal Courts. — Although the 
District and Circuit Courts are created by Congress and 
are called Federal courts, the grand jury that brings in 
indictments, the petit jury before whom the cases are 
tried, the attorney who prosecutes, and all the officers 
that serve the courts, are citizens of the State in which the 
court is held. It will, therefore, be seen that in the State 
citizenship of the persons constituting it, each Federal 
Court in North Carolina does not differ at all from the 
State courts organized under the State Constitution. Be- 
fore these courts every citizen of North Carolina has a 
right to be tried when he is charged with violating in 
this State any of the laws of the United States. 

All the post offices in each State are established and 
conducted under the United States laws; the national 
banks in each State, though the stockholders are citizens of 
the State, are organized under the United States laws; 
the internal revenue taxes collected in each State are 
imposed under the United States laws ; patents to inventors 
and copyrights to authors are granted under United States 
laws : and most of the persons who are prosecuted in these 
courts are charged with violating some of these laws, or 
with counterfeiting the coins or notes of the United 
States. The prosecution of such persons comes within 
the criminal jurisdiction of the Federal courts. 

Foreigners or citizens of other States can sue residents 
of North Carolina in the Federal courts.of this State, but 



166 



THE UNITED STATES. 



the laws of North Carolina govern the case. Rail- 
road companies and telegraph lines, organized under 
the laws of one State but operating in other States, or 
indebted on their bonds to persons living in other States, 
come within the jurisdiction of the United States courts, 
and cases in which these parties are interested come within 
the civil jurisdiction of the Federal courts. 

It will thus be seen that the authority of the Federal 
courts extends to very few controversies affecting citi- 
zens of North Carolina. All controversies between 
citizens come within the jurisdiction of the State courts, 
and the decision of the Supreme Court of the State in all 
such cases is final unless a construction of the Constitu- 
tion of the United States is involved. 

110. A citizen cannot sue the United States. Still, 
many persons have just claims against the United States, 
concerning which there may be controversy with some 
officer of the government. For such cases Congress has 
created a Court of Claims, which consists of five judges and 
holds its sessions in Washington. Any person having a 
claim against the United States can have it passed upon 
by this court, and if the decision is in his favor, Congress 
may make an appropriation for its payment. 

111. United States Commissioners are officers ap- 
pointed by the Federal Circuit Court, with authority to 
issue warrants for the arrest of persons charged with vio- 
lating the United States laws, and to bind them over to 
appear at the next term of court. These commissioners 
in the Federal Court system occupy a place very much 
like justices of the peace in the State. There is no limit 
to the number that may be appointed. They do not draw 
regular salaries, but are paid fees for work done. 

In each Federal Court district, a United States Dis- 
trict Attorney is appointed to represent the government 



DISTRICT ATTORNEY AND MARSHALS. 107 

in all cases of prosecution in his district. His duties 
are very similar to those of the prosecuting attorneys in* 
the State. There is also appointed a marshal for each 
district, who executes all orders of the court, arrests per- 
sons charged with violating the United States laws, and 
discharges all the duties that in the State courts are in- 
trusted to the sheriff of the county. District attorneys 
and marshals are appointed by the Executive Department. 

TOPICS FOR EXAMINATION AND REVIEW. 

105. The judicial power of the United States is vested in one Supreme 
Court created by the Constitution, and in inferior courts created 
by Congress. They are called Federal courts. Judges are ap- 
pointed for life. 

106. The Supreme Court is the highest judicial authority in the 
United States. It has power to construe the Constitution and to 
interpret all laws passed by Congress. It consists of a Chief Jus- 
tice and eight Associate Justices. 

107. Congress has created the Circuit Courts of Appeals, Circuit 
Courts, and District Courts, held in the different States, and 
the Court of Claims, which sits in Washington, all inferior to 
the Supreme Court. Congress has also created for the District of 
Columbia and the Territories courts which have only local juris- 
diction and supply the place of State courts in their localities. 

108. The United States is divided into nine circuits, and one Justice of 
the Supreme Court is assigned to each circuit. Two Circuit Court 
Judges are appointed for each circuit. Two or three of the Cir- 
cuit or District Judges, with the Supreme Court Justice of the 
Circuit or one of the Circuit Judges presiding, constitute the Court 
of Appeals for the circuit. Circuit courts no longer have appellate 
jurisdiction. 

109. There is one District Court in each Stale, and two in the larger 

a, including North Carolina. One judge is appointed for 
each district. The District Judge, the United States Grand 
•Jury, the United States Trial Jury, and all the officers of the 
Federal courts, are citizens of the State where it is held. The 
criminal jurisdiction of the Federal courts extends to persons 
who have violated the laws of Congress : the civil jurisdiction, to 
controversies between citizens of the State and citizens of some 
other State. 



168 THE UNITED STATES. 

110. The United States cannot be sued, but parties having claims 
> against the government can bring their cases in the Court of 

Claims. 

111. United States Commissioners are appointed by the Circuit 
Court, and take the place of justices of the peace in the Federal 
Court system. A United States District Attorney is appointed 
for every district to prosecute violators of the law, and a marshal 
who serves the Federal courts just as a sheriff serves the State 
courts. 



CHAPTEE VI. 

IXTEKSTATE COMMERCE COMMISSION. CIVIL SERVICE COMMIS- 
SION. — COAST SURVEY, LIGHT-HOUSES, AND LIFE-SAVING. 

NAVAL OBSERVATORY. DEPARTMENT OF LABOR. FISH 

COMMISSION. THE UNITED STATES FLAG. 

DERIVATION AND EXPLANATION OF TERMS. 



Buoy. (Pronounced hoi.) (From 
the Latin word boia, a kind of 
chain ; so called because it is 
chained to its place.) A float ; 
-'dally a floating object moored 
to the bottom to mark a channel, 
or to point out the position of 
something beneath the water, as 
an anchor, a shoal, a rock, etc. — 
Webster. 

Capital. VI o n e y, accumulated 
property, or stock, employed in 
trade or manufactures. When 
wealth is employed to assist pro- 
duction it is called capital. Used 
figuratively to represent the men 
who own the capital. 



Geodetic. (From the Greek gea, 
the earth, and daiein, to divide.) 
That branch of surveying in 
which the curvature of the earth 
is taken into account, as in the 
surveys of the long lines of coast. 

Labor. Work ; hard, muscukir 
effort directed to some useful 
end. The word is used here fig- 
uratively to represent the people 
who work for men with capital. 

Strike. The act of quitting work ; 
especially such an act by a body 
of workmen, done as a means of 
enforcing compliance with de- 
mands made on their employers. 
— Webster. 



112. With the growth of our government in popula- 
tion, Congress has found it desirable to use the general 
powers given it by the Constitution, and has created a 
number of additional officers to look after certain matters 
which time and experience have shown to be very neces- 
sary for the general welfare of all the people. These 
matters are usually intrusted to a body of officers, some- 



170 THE UNITED STATES. 

times called a bureau and sometimes a commission. Some 
of these are under the organized departments, while others 
are entirely independent of such control. 

113. Interstate Commerce Commission. — When the 
framers of the Constitution gave Congress the power to 
regulate the commerce between the States, railroads were 
not dreamed of, and all commerce between States was 
either by ships or in wagons, and very little legislation 
was necessary to regulate it. The building of railroad 
lines placed the transportation of articles of commerce 
between the States in the hands of great railroad com- 
panies, and no one State could exercise any control except 
over the part of the railroad line passing through its bor- 
ders. The fact that these railroad companies transported 
articles of commerce from one State to another gave them 
the power to fix the rates of freight, and this power was 
frequently used to build up certain cities or communities 
and to injure others. In 1887, therefore, Congress passed 
a" law to regulate interstate commerce by preventing any 
railroad company from discriminating against any town, 
city, or State, in the transportation of articles of com- 
merce or in the freights charged on such articles. The 
enforcement of this law was placed in the hands of five 
commissioners appointed by the President with the ap- 
proval of the Senate, called the Interstate Commerce Com- 
mission. It is not under any of the regular departments. 

During the recent railroad strike at Chicago, the railroads complained 
to the United States District Court that parties were interfering 
with the commerce between the States by preventing them from 
running their trains, and asked the protection of the court under 
the laws of commerce. The court granted the order restraining all 
parties from interfering with trains, and the President sent one of 
the generals of the regular army with a large body of United 
States troops to Chicago to enforce the decision of the court, and 
to protect interstate commerce. 



CIVIL SERVICE. 171 

114. Civil Service. — Besides the President and Cabi- 
net, a great many subordinate officers are needed to trans- 
act the business of the government. Books and accounts 
must be kept, letters must be written, and all the details 
of business must be looked after, and this work is called 
the civil service of the government, to distinguish it from 
the military service rendered by army and navy offi- 
cers, and from the diplomatic and consular service 
rendered by ministers and consuls in foreign coun- 
tries. 

At first the number of these civil officers was compara- 
tively small, but year by year it has increased until it 
reaches one hundred and fifty thousand, and the amount 
of money appropriated in a recent year to pay their 
salaries was thirty-five million dollars. 

During the term of the first President very few office- 
holders were removed; partly because, in our rapidly 
growing country, office work at a small salary did not 
attract men, and partly because, after the election of Jef- 
n in 1800, the same party remained in power for 
many years. 

A s different political parties came into power from time 
to time, there was a growing disposition to remove all 
office-holders who belonged to the opposite party, until 
finally it came to be understood that no person should 
expect to remain in the service of the government who 
did not belong to the party in power. In the course of 
time a majority of the people became convinced that per- 
sons holding clerical positions in the government should 
not be removed for political reasons, and that when 
vacancies occurred they should be filled by appointments 
1 upon the merit of the applicant, and not upon the 
favor of any political party. The result was that Con- 
gress a few years ago passed an act to regulate and 



172 THE UNITED STATES. 

improve the civil service of the United States, which 
is generally known as the Civil Service Act. 

115. Civil Service Commission. — This act provided a 
civil service commission of three members, who must 
belong to the two leading political parties, and whose duty 
it was to prepare suitable rules for carrying out the act, 
to make regulations for, and control the examination of, 
applicants for office, and to investigate and report upon 
the enforcement and effect of their rules and regulations. 

The Civil Service Law applies to all persons holding 
office in the departments at Washington, except laborers 
and workmen, and no person can be assigned to any cler- 
ical duty without examination under the Civil Service 
rules. Promotions in the departments are to be made 
upon merit, and competitive examinations are held to 
test the fitness of the person for promotion. Whenever a 
vacancy exists in any department, the appointing officer 
applies to the Commission or Examining Board for the 
names of three persons who have passed the examinations 
and are eligible for the place. One of the three must be 
selected, and in the departments at Washington the ap- 
pointments are apportioned among the States on the 
basis of population, so that each State shall have its 
appropriate share of the public offices. The appointment 
is made at first for six months on probation, and if at the 
end of that time the party is found to be satisfactory, it 
becomes permanent. Examinations are held under the 
Civil Service Commission at certain times in the different 
States, and any person who wishes to take the examina- 
tion must make a written application upon a blank pre- 
pared for the purpose. Clerks in the custom-houses and 
post offices and in the railway mail service all come under 
the provisions of the Civil Service Act, and the President 
has the power to include other department officers under 



COAST SURVEY. NAVAL OBSERVATORY. 173 

its provisions from time to time. This act does not apply 
to any officers appointed by the President with the advice 
a ml consent of the Senate. 

116. Coast Survey, Light-houses, and Life-saving. — 
The United States Coast and Geodetic Survey is a bureau 
of the Treasury Department, and was established in 1807. 
Under this department surveys have been made of all the 
coasts of the United States, and maps have been pub- 
lished showing the depth of water at all points along the 
entire coast. 

There is also a board, called the Light-house Board, 
under whose direction the government has built and sup- 
ports at various points along our coast, and also along 
the Great Lakes, two thousand light-houses, where lights 
are kept burning every night to prevent approaching ves- 
sels from being shipwrecked. The location of each light- 
is marked on the chart, and the different light-houses 
are distinguished from each other by flashes and colored 
lights in such a way that a ship captain who sees the 
light can tell his exact location. TYTiere it is impracti- 
cable to build light-houoes, light-ships are placed, and along 
the channels are floating iron cylinders called buoys. 
The government also maintains, at points of special dan- 
ger along the coast, life-saving- stations, where men are 
kept on watch at all times and trained to rescue sailors 
from ships that are driven upon the shore. There is also 
a Naval Observatory at Washington, splendidly equipped, 
that makes observations and furnishes documents to 
United States vessels. Congress has done all these things 
under the general power given it to regulate com- 
merce. 

117. The Department of Labor. — This department 
originally established as a bureau of labor and statis- 
tics, but it is now one of the executive departments, al- 



174 THE UNITED STATES. 

though the commissioner in charge is not a member of 
the President's Cabinet. It is the duty of this commission 
to collect statistics and to look after the interest of labor- 
ing men. It is designed to promote the prosperity of the 
working classes, and has power to inquire into the cause 
of " strikes," and, if possible, to settle controversies be- 
tween capital and labor. 

118. Fish Commission. — This Commission, under the 
charge of a Commissioner of Fish and Fisheries, is designed 
to supply the rivers and lakes of the United States with 
suitable kinds of fish. Fish culture has come to be quite 
a science, and every year this department sends out over 
the United States millions of young fish that are placed 
in the different rivers and lakes. Of course, many of 
these fish die, but enough survive and develop to stock 
the river, and, in time, to furnish people living along its 
banks with fishing. 

119. The Flag of the United States. — A flag in a 
political sense is an emblem or a symbol of a nationality 
or government. Every nation has a flag of particular 
design and pattern, which is displayed on its public 
buildings on occasions of national interest or importance. 
Ships at sea bear the flag of the country to which they 
belong; and by the flag it bears, the nationality of a ship 
may be ascertained by those on board another vessel that 
is within sight. 

The first flag" of the United States was ordained by 
the Continental Congress in 1777. On June 14, in that 
year, Congress resolved : 

" That the flag of the thirteen united States be 
thirteen stripes alternate red and white, with thir- 
teen stars white in a blue field representing a new 
constellation." 



FLAG OF THE UNITED STATES. 175 

Subsequently two stripes and two stars were added. 
Our present national flag- is designed in accordance with 
an act of Congress passed in ISIS, and approved on April 
± of that year. The act is as follows : 

"That from and after the fourth day of July 
next, the flag of the United States be thirteen 
horizontal stripes, alternate red and white ; that 
the union be twenty stars, white in a blue field. 

" That on the addition of every new State into the 
Union, one star be added to the union of the flag ; 
and that such addition shall take effect on the 
fourth day of July then next succeeding such 
addition." 

The union of the flag is that portion of it which contains the stars. 
Our flag is sometimes called the star-spangled banner. The 

thirteen stripes represent the thirteen States of which the United 
States was first composed. 

We sometimes speak of loyalty to the flag-, the protec- 
tion of our flag. In these phrases, the word flag means 
our country, or our government. We should all be loyal 
to, and proud of, our national flag. It is the emblem of 
a great and a free nation, in which equal opportunities in 
the pursuit of happiness are open to all. The star-spangled 
banner represents a government of the people, by the 
people, and for the people. 

TOPICS FOR EXAMINATION AND REVIEW. 

112. The jrrowth of the government has made a number of additional 
officers necessary to look after matters of general welfare. Con- 
gress has created a number of* bureaus and commissions. 

113. The railroad linos carry articles of commerce between the 
State-. The righl to fix freighl rates gave them control of com- 
merce. To prevent discriminations which might injure a 



17(5 THE UNITED STATES. 

State or city, the Interstate Commerce Commission has been 

created, by Congress with power to control the railroads. 

114. The keeping of books and accounts, writing of letters, and looking 
after the details of the government, is called Civil Service. 
Many persons are employed in this work. At first few changes 
were made, but in late years removals for political reasons he- 
came freqnent. To prevent this, Congress passed the Civil Ser- 
vice Act. 

115. The Civil Service Commission consists of three members who 
belong to the two leading political parties. The duty of this com- 
mission is to prepare examinations for applicants to positions, and 
to see that no removals are made for political reasons. Appoint- 
ments and promotions are to be made upon merit as the result 
of examination. Appointments are apportioned among the States 
according to the population. Examinations are held in the 
different States. 

116. The United States has made a survey of the coast and published 
charts showing the depth of water at various points. Light- 
houses are provided at different points as a protection against 
shipwreck. Life-saving stations are kept on the coast to rescue 
sailors. The Naval Observatory at Washington is splendidly 
equipped. 

117. The Department of Labor is to collect statistics and to look 
after the interest of laboring men. 

118. The Fish Commission attends to supplying our rivers and lakes 
with suitable kinds of fish. 

119. The flag is an emblem of nationality. The first flag was adopted 
in 1777, and consisted of thirteen stars and thirteen stripes. The 
present flag was adopted in 1818. A new star is added for each 
new State. 



CHAPTER VII. 



CITIZENSHIP. XATIOXAL POLITICAL PARTIES. 



DERIVATION AND EXPLANATION OF TERMS. 



Prince. (Latin prince ps, the first, 
and this from Latin primus, first, 
and capere, to take.) The first or 
highest in rank ; a monarch or 
the son of a monarch. 

Potentate. {Latin potens, being 
able, having power.) A person 



having great power, as a prince 
or monarch. 
Statesman. A man who is skilled 
in affairs of state, that is, of gov- 
ernment ; a man who has great 
knowledge and much 'experience 
in the direction of public affairs. 



120. The Constitution of the United States was 
amended in 1868, so as to declare that 



" All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are 
citizens of the United States and of the State 
wherein they reside." 

Under this provision all natives of the United States 
are citizens. Foreigners may become citizens by com- 
plying with the naturalization law made by Congress. To 
be naturalized, a foreigner must have certain qualifica- 
tions, and he must do certain things. 



He must reside at least five years in the United 
Stat<>. 

lie must be of good character. 
He must have some knowledge of the principles 
of our system of government. 

12 



178 THE UNITED STATES. 

He must " declare intention " two years before 
he applies for naturalization. 

The last-mentioned condition means that the foreigner 
must go to a proper court, and formally make oath or 
affirmation that it is his intention to become a citizen of 
the United States. If, two years after such declaration, 
he has been living five years in the United States, he 
may obtain a certificate of naturalization by again going 
to a proper court and making oath or affirmation as 
follows : 

" I . . . residing in the ... do solemnly 
swear (or affirm) that I will support the Constitu- 
tion of the United States ; and that 1 do absolutely 
and entirely renounce and abjure all allegiance and 
fidelity to every foreign prince, potentate, state 
or sovereignty whatever, and particularly to the 
. . .of whom I was before a subject." 

In the last blank is inserted the name of the king or sovereign of the 
country to which the applicant formerly owed allegiance, or, if a 
republic, the title of the republic. 

The Constitution and the law of Congress prescribe the 
conditions of citizenship, but citizenship does not carry 
with it the right to vote. It only gives a person the right 
of protection for life, liberty, and property, in every State 
and in foreign countries. The qualifications required for 
voters in each State are prescribed by the law of the State, 
subject to the Fifteenth Amendment, which prohibits a 
State from making a race or color test. No citizen of 
the United States can vote even for President, except in 
some State whose laws give him the right to do so. But 
while Congress cannot force a State to give the right 



CITIZENSHIP. NATIONAL POLITICAL PARTIES. 179 

to vote, it can cut down the representatives of any State 
in Congress in proportion to the number of males ex- 
cluded from voting except for crime. 

The qualifications required for voters in each State are 
prescribed by the law of the State. All the States do not 
require the same qualifications. In some the right of 
voting: is conferred on foreigners when they have de- 
clared their intention of becoming citizens of the United 
States. In a few of the States no one is allowed to 
vote who is not able to read the Constitution in the 
English language. Most of the States require a resi- 
dence of one year in the State, four months in the county, 
and thirty days in the election district. This means that 
before a citizen can vote in any election district he must 
have lived in the district at least thirty days immediately 
preceding the election, and he must have lived four 
months in the countv and one year in the State. 



Some Western States give females over twenty-one the right to vote, 
and in many Northern States such females are given the right to 
vote for school trustees. 



Citizens qualified to vote for State officers are qualified 
to vote for Presidential electors and congressmen, but 
they must vote in the State and district in which they 
reside. Citizens of the United States living in the Dis- 
trict of Columbia or in a Territory have no vote in elect- 
ing a President, Strictly speaking, there are no national 
elections, although some incorrectly apply this term to 
the election of a President or congressmen. 

121. National Political Parties. — The principle and 

ms of State party organization have already been 

explained. There is also an organization of parties for 

national political purposes ; that is, to form a national 



180 THE UNITED STATES. 

political platform, and to conduct campaigns and make 
other arrangements for national elections. 

Each political party holds a National Convention once 
every four years. The business of the Convention is to 
prepare and issue a platform of national political policy, 
and to nominate candidates for the offices of President 
and Vice-President of the United States. At the National 
Convention all the States are represented by delegates. 
These delegates are chosen for each State at a convention 
in the State. 

Besides issuing a platform and nominating candidates, 
the National Convention forms a National Committee to 
direct the work of the national election campaign. A 
great deal of work has to be done. Money must be 
collected to pay expenses. Speakers must be chosen to 
make speeches in various places in support of the plat- 
form and the candidates. 

Persons who make public speeches in political campaigns are said to 
be on the stump. In former years the stump of a tree was often 
the stage from which political speakers at election times addressed 
meetings in the open air. From this practice the phrases, to take 
the stump, to go on the stump, to stump it, came into use as mean- 
ing to go on a speaking tour in an election contest. 

The National Convention is usually held in some city in 
a central part of the United States. At the National Con- 
vention every State, being represented by its delegates, has 
an influence in the formation of the national platform, 
and in the selection of candidates for the offices of Presi- 
dent and Yice-Preddent. 

It is sometimes difficult to make a national platform 
satisfactory to all the members even of the same party. 
The difficulty arises from the great diversity of interests 
that must necessarily exist in a country of such vast extent 
as ours. Many of the States of our Union are very dif- 



CITIZENSHIP. NATIONAL POLITICAL PARTIES. 181 

ferent from one another in climate, soil, and resources. 
Owing to such differences of condition it is natural that 
there should be diversity of need and of opinion in regard 
to national legislation. At a National Convention the 
effort must, therefore, be to lay down fundamental prin- 
ciples, upon which the party is as nearly as possible 
agreed. By the platform adopted at the National Conven- 
tion, the action of the party throughout the country on 
national questions is directed. The party in every State 
supports the platform and the candidates agreed on at its 
National Convention. 

This is another illustration of the representative princi- 
ple of the republican system. The National Convention 
represents the whole party, since it consists of delegates 
from each State. The State Convention, at which the 
delegates to the National Convention are chosen, represents 
the party in the State, because it is composed of delegates 
from the different counties of the State. 

Thus the people have opportunity, through the party 
organizations, to give effect to their opinions on all 
political questions. Those of the people who do not 
choose to act through political parties have opportunity 
at the ballot-box on election day to do their share in the 
work of helping to maintain good government, or, if 
necessary, in the work of improving the administration 
of government. If there is anything wrong in our 
government, the people may apply the remedy, and it 
is their duty to do it. A share of this duty devolves on 
v citizen. The citizen who fails or refuses to do his 
share, either through a political party or at the ballot- 
box, in the work of supporting what is good and remedy- 
ing what may be bad in the laws or in the administration 
of them, does a wrong, not merely to himself, but to all 
his fellow-citizens. 



182 THE UNITED STATES. 

TOPICS FOR EXAMINATION AND REVIEW. 

120. Persons born or naturalized in the United States are citizens. 
To be naturalized, a person must live five years in the United 
States, must be of good character, must have some knowledge of 
our system of government, must " declare intention " two 
years before naturalization, and must make oath or affirmation 
that he will support the Constitution, and that he abjures alle- 
giance to any foreign State. The States prescribe qualifications 
for voters. In most of the States the qualification is residence of 
one year in the State, four months in the county, and thirty days 
in the election district. 

121. Each political party has a National Convention every four 

years. The Convention issues a platform and nominates can- 
didates for the offices of President and Vice-President. Delegates 
from each State are at the Convention. The delegates are chosen 
at conventions in their State. The National Convention forms a 
National Committee to direct the election campaign. Through 
its delegates at the National Convention every State has in- 
fluence in making the platform and nominating the can- 
didates. 



CHAPTER VIII. 

IMPORTANT DOCUMENTS. 

122. In the Appendix will be found important docu- 
ments, to which reference has frequently been made in 
Parts II. and III. of this book. The documents are : 

1. The Mecklenburg Declaration of 20th May, 
1775. 

2. The Mecklenburg Committee Resolves of 31st 
May, 1775. 

3. The Declaration of Independence. 

4. The Constitution of Xorth Carolina, adopted 
17th December, 1770. 

5. The Articles of Confederation. 

6. The present Constitution of North Caro- 
lina. 

7. The Constitution of the United States. 

These documents should be carefully studied. Every 
American ought to be thoroughly familiar at least with 
the Constitution of the United States, and the Constitu- 
tion of the State in which he resides. Cicero, in his trea- 
tise "On the Laws," tells us that the code known as the 
'•Twelve Tables** was an indispensable lesson in the edu- 
cation of Roman youth. It was considered essential to 
the public welfare that citizens should, at an early age, 
become acquainted with the fundamental laws of their 
country. 



184 



THE UNITED STATES. 



Cicero was a great orator and statesman of ancient Rome. The 
" Twelve Tables " were a code of Roman laws, so called from the 
fact that they were cut or engraved on twelve tablets or tables, 
of bronze. 

Obviously it is for the good of our country that our 
youth should have a knowledge of the principles and pro- 
visions of our fundamental laws. American boys of to- 
day will, in a few years, be American citizens and voters. 
As such it will be their duty as well as their right to 
take part in the control and direction of our State and 
National governments. That duty is one of the highest 
importance. To perform it well, a good knowledge of our 
system of government is indispensable. This knowledge 
may, in large part, be gained by frequent and careful 
reading of our National and State Constitutions. 

It is hoped that useful helps to the proper understand- 
ing of these documents, and to the acquiring of a fair 
knowledge of the working of our American system of 
government in State and Nation, will be found in the 
lessons given in this book. 

. The Mecklenburg Declaration and the earlier 
Constitution of North Carolina are also deserving 
of careful attention. A comparison of the latter 
w r ith our present State Constitution will show great 
changes and great development of the republican 
system. To observe the changes, and to consider 
the question whether or not they are improve- 
ments, will be an interesting as well as a useful 
exercise. 



APPENDIX. 



THE MECKLEXBUBG DECLAKATIOJST OF 
20th MAY, 1775. 

1. Resolved, That whoever directly or indirectly abetted, or in any 
way. form, or manner, countenanced the unchartered and dangerous 
invasion of our rights, as claimed by Great Britain, is an "enemy to this 
county, to America, and to the inherent and unalienable rights of 
man. 

2. Resolved, That we, the citizens of Mecklenburg County, do hereby 
dissolve the political bands which have connected us to the mother 
country, and hereby absolve ourselves from all allegiance to the British 
Crown, and abjure all political connection with that nation, who have 
wantonly trampled on our rights and liberties, and inhumanly shed the 
innocent blood of American patriots at Lexington. 

3. Resolved, That we do hereby declare ourselves a free and inde- 
pendent people, and of right ought to be a sovereign and self-sustaining 

ition, under the control of no power other than that of our God 
and the general government of Congress; and to the maintenance of 
which independence we solemnly pledge to each other our mutual 
cooperation, our lives, our fortunes, and our most sacred honor. 

4. Resolved, That as we now acknowledge the existence and control of 
no law or legal officer, civil or military, within this county, we do hereby 
ordain and adopt as a rule of life all, each, and every of our former 
laws, wherein, nevertheless, the Crown of Great Britain never can be 
considered a> holding rights, privileges, immunities, or authority therein. 

5. Resolved, That it is further decreed that all, each, and every mili- 
tary officer in this county is hereby reinstated in his former command 
and authority, he acting conformably to these regulations, and that 
everyone present of this delegation shall hen-after be a civil officer, viz., 
a justice of the peace, in the character of a "committee man," to issue 



IV CIVIL GOVERNMENT. 

process, hear and determine all matters of controversy according to said 
adopted laws, and to preserve peace, union, and harmony in said county; 
and to use every exertion to spread the love of country and fire of freedom 
throughout America, until a more general and organized government be 
established in this province. 

ABRAHAM ALEXANDER, 

Chairman of Convention. 
JOHN McKNITT ALEXANDER, 

Cleric of Convention. 



MECKLEKBUEG COMMITTEE EESOLYES OF 
31st MAY, 1775. 

Whereas, By an address presented to His Majesty by both Houses of 
Parliament in February last, the American colonies are declared to be in 
a state of actual rebellion, we conceive that all laws and commissions 
confirmed by or derived from the authority of the King and Parliament 
are annulled and vacated, and the former civil constitution of these 
colonies for the present wholly suspended. To provide in some degree 
for the exigencies of this county, in the present alarming period, we deem 
it proper and necessary to pass the following resolves, viz. : 

1. That all commissions, civil and military, heretofore granted by the 
Crown to be exercised in these colonies, are null and void, and the Con- 
stitution of each particular colony wholly suspended. 

2. That the Provincial Congress of each province, under the direction 
of the great Continental Congress, is vested with all legislative and exec- 
utive powers within their respective provinces, and that no other legis- 
lative or executive power does or can exist at this time in these col- 
onic. 

3. As all former laws are now suspended in this province, and the 
Congress has not yet provided others, we judge it necessary, for the better 

ration of good order, to form certain rules and regulations for the 
internal government of this county, until laws shall be provided for us 
by the Congress. 

4. That the inhabitants of this county do meet on a certain day 
appointed by the committee, and, having formed themselves into nine 
companies, to wit, eight in the county and one in the town of Charlotte, 
do choose a colonel and other military officers, who shall hold and 

sir several powers by virtue of this choice and independent of 
the Crown of Great Britain and former Constitution of this province. 

5. Thai for the better preservation of the peace and administration of 

. each of these companies do choose from their own body two dis- 
creet freeholders who shall be empowered, each by himself and singly, to 
decide and determine all matters of controversy arising within said com- 
pany, under the sum of twenty shillings, and jointly and together, all 
controversies under the sum of forty shillings; that so their decisions 



VI CIVIL GOVERNMENT. 

may admit of appeal to the convention of the selectmen of the county, 
and also that any one of these men shall have power to. examine and 
commit to confinement persons accused of petit larceny. 

6. That those two selectmen thus chosen do jointly and together 
choose from the body of their particular body two persons properly 
qualified to act as constables who may assist them in the execution of 
their office. 

7. That upon the complaint of any persons to either of these selectmen 
he do issue his warrant, directed to the constable, commanding him to 
bring the aggressor before him or them, to answer said complaint. 

8. That these eighteen selectmen thus appointed do meet every third 
Thursday in January, April, July, and October, at the court-house in 
Charlotte, to hear and determine all matters of controversy for sums 
exceeding forty shillings, also appeals, and in cases of felony to commit 
the person or persons convicted thereof to close confinement until the 
Provincial Congress shall provide and establish laws and modes of 
proceeding in all such cases. 

9. That these eighteen selectmen thus convened do choose a clerk to 
record the transactions of said convention, and that said clerk, upon the 
application of any person or persons, aggrieved, do issue his warrant to one 
of the constables of the company to which the offender belongs, directing 
said constable to summon and warn said offender to appear before the 
convention at their next sitting to answer the aforesaid complaint. 

10. That any person making complaint upon oath to the clerk or any 
member of the convention, that he has reason to suspect that any person 
or persons indebted to him in the sum above forty shillings intends 
clandestinely to withdraw from the county without paying such debt, the 
clerk or such member shall issue his warrant to the constable, command- 
ing him to take such person into safe custody until the next sitting of 
the convention. 

11. That when a debtor for a sum above forty shillings shall abscond 
and leave the county, the warrant granted as aforesaid shall extend to 
any goods or chattels of said debtor as may be found, and such goods 
and chattels be seized and held in custody by the constable for the 
space of thirty days, in which time, if the debtor fails to return and 
discharge the debt, the constable shall return the warrant to one of the 
selectmen of the company, when the goods are found, who shall issue 
orders to the constable to sell such part of said goods as shall amount to 
the sum due ; that when the debt exceeds forty shillings the return shall 
be made to the convention, who shall issue orders for sale. 

12. That all receivers and collectors of quit-rents, public and county 
taxes, do pay the same into the hands of the chairman of this committee 



APPENDIX. vii 

to be by them disbursed as the public exigencies may require, and that 
such receivers and collectors proceed no further in their office until they 
be approved of by and have given to this committee good and sufficient 
security for a faithful return of such moneys when collected. 

13. That the committee be accountable to the county for the applica- 
tion of all moneys received from such public officers. 

14. That all the officers hold their commissions during the pleasure 
of their several constituents. 

15. That this committee will sustain all damage that ever hereafter 
may accrue to all or any of these officers thus appointed and thus acting 
on account of their obedience and conformity of these resolves. 

16. That whatever person hereafter shall receive a commission from 
the Crown, or attempt to exercise any such commission heretofore 
received, shall be deemed an enemy to his country, and upon information 
being made to the captain of the company in which he resides, the said 
company shall cause him to be apprehended and conveyed before the 
two selectmen of the said company, who, upon proof of the fact, shall 
commit him. the said offender, to safe custody until the next sitting of 
the committee, who shall deal with him as prudence may admit. 

17. That any person refusing to yield obedience to the above resolves 
shall be considered equally criminal, and liable to the same punishment 
as the offender above last mentioned. 

18. That these resolves be in full force and virtue until instructions 
from the Provincial Congress regulating the jurisprudence of the prov- 
ince shall provide otherwise, or the legislative body of Great Britain resign 
its unjust and arbitrary pretensions with respect to America. 

19. That the eight military companies in this county provide them- 
selves with proper arms and accoutrements, and hold themselves in 
readiness to execute the commands and directions of the General Con- 

■f this province and this committee. 

20. That the committee appoint Colonel Thomas Polk and Dr. Joseph 
Kennedy to purchase three hundred pounds of powder, six hundred 
pounds of lead and one thousand flints for use of the militia of this 
county, and deposit the same in such place as the committee hereafter 
mav direct. 



Signed by order of the committee. 



EPHRAIM BREVARD, 

Clerk of Committee. 



THE DECLARATION OF INDEPENDENCE. 

ADOPTED BY CONGRESS, JULY 4, 1776. 



A Declaration by the Representatives of the United 
States of America in Congress Assembled. 

When, in the course of human events, it becomes necessary for one 
people to dissolve the political bands which have connected them with 
another, and to assume, among the powers of the earth, the separate 
and equal station to which the laws of nature and of nature's God entitle 
them, a decent respect to the opinions of mankind requires that they 
should declare the causes which impel them to the separation. 

We hold these truths to be self-evident, that all men are created 
equal ; that they are endowed by their Creator with certain unalienable 
rights; that among these, are life, liberty, and the pursuit of happi- 
ness. That, to secure these rights, governments are instituted among 
men, deriving their just powers from the consent of the governed ; that, 
whenever any form of government becomes destructive of these ends, 
it is the right of the people to alter or to abolish it, and to institute a new 
government, laying its foundation on such principles, and organizing its 
powers in such form, as to them shall seem most likely to effect their 
safety and happiness. Prudence, indeed, will dictate that governments, 
long established, should not be changed for light and transient causes : 
and, accordingly, all experience hath shown, that mankind are more dis- 
posed to suffer, while evils are sufferable, than to right themselves by 
abolishing the forms to which they are accustomed. But, when a long 
train of abuses and usurpations, pursuing invariably the same object, 
evinces a design to reduce them under absolute despotism, it is their 
right, it is their duty, to throw off such government, and to provide new 
guards for their future security. Such has been the patient sufferance 
of these colonies, and such is now the necessity which constrains them to 
alter their former systems of government. The history of the present 
king of Great Britain is a history of repeated injuries and usurpations, 
all having, in direct object, the establishment of an absolute tyranny 
over these States. To prove this, let facts be submitted to a candid world : 



DECLARATION OF INDEPENDENCE. IX 

lie has refused his assent to laws the most wholesome and necessary 
for the public good. 

He has forbidden his Governors to pass laws of immediate and press- 
ing importance, unless suspended in their operation till his assent should 
be obtained ; and, when so suspended, he has utterly neglected to attend 
to them. 

He has refused to pass other laws for the accommodation of large dis- 
tricts of people, unless those people would relinquish the right of repre- 
sentation in the legislature; a right inestimable to them, and formidable 
to tyrants only. 

lie has called together legislative bodies at places unusual, uncomfort- 
able, and distant from the depository of their public records, for the sole 
purpose of fatiguing them into compliance with his measures. 

He has dissolved representative houses repeatedly, for opposing, with 
manly firmness, his invasions on the rights of the people. 

He has refused, for a long time after such dissolutions, to cause others 
to be elected; whereby the legislative powers, incapable of annihilation, 
have returned to the people at large for their exercise ; the State remain- 
ing. In the meantime, exposed to all the danger of invasion from with- 
out, and convulsions within. 

He has endeavored to prevent the population of these States; for that 
purpose obstructing the laws for naturalization of foreigners; refusing 
to pass others to encourage their migration hither, and raising the con- 
ditions of new appropriations of lands. 

He has obstructed the administration of justice, by refusing his assent 
to laws for establishing judiciary powers. 

He has made judges dependent on his will alone, for the tenure of 
their offices, and the amount and payment of their salaries. 

He has erected a multitude of new offices, and sent hither swarms of 
officers to harass our people, and eat out their substance. 

He has kept among us, in times of peace, standing armies, without 
the consent of our legislature. 

He has affected to render the military independent of, and superior to, 
the civil power. 

He has combined, with others, to subject us to a jurisdiction foreign 
to our constitution, and unacknowledged by our laws, giving his assent to 
their acts of pretended legislation: 

For quartering large bodies of armed troops among us: 

For protecting them by a mock trial, from punishment, for any mur- 
ders which they should commit on the inhabitants of these States: 

For cutting off our trade with all parts of the world : 

For imposing taxes on us without our consent: 



x APPENDIX. 

For depriving us, in many eases, of the benefits of trial by jury: 

For transporting us beyond seas to be tried for pretended offences : 

For abolishing the free system of English laws in a neighboring prov- 
ince, establishing therein an arbitrary government, and enlarging its 
boundaries, so as to render it at once an example and fit instrument for 
introducing the same absolute rule into these colonies : 

For taking away our charters, abolishing our most valuable laws, and 
altering, fundamentally, the powers of our governments: 

For suspending our own legislatures, and declaring themselves in- 
vested with power to legislate for us in all cases whatsoever. 

He has abdicated government here, by declaring us out of his protec- 
tion, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our towns, and 
destroyed the lives of our people. 

He is, at this time, transporting large armies of foreign mercenaries 
to complete the works of death, desolation, and tyranny, already begun, 
with circumstances of cruelty and perfidy scarcely paralleled in the most 
barbarous ages, and totally unworthy the head of a civilized nation. 

He has constrained our fellow-citizens, taken captive on the high seas, 
to bear arms against their country, to become the executioners of their 
friends and brethren, or to fall themselves by their hands. 

He has excited domestic insurrections amongst us, and has endeavored 
to bring on the inhabitants of our frontiers, the merciless Indian savages, 
whose known rule of warfare is an undistinguished destruction of all 
ages, sexes, and conditions. 

In every stage of these oppressions we have petitioned for redress in 
the most humble terms; our repeated petitions have been answered only 
by repeated injury. A prince, whose character is thus marked by every 
act which may define a tyrant, is unfit to be the ruler of a free people. 

Nor have we been wanting in attention to our British brethren. 

We have warned them, from time to time, of attempts made by their 
legislature to extend an unwarrantable jurisdiction over us. We have 
reminded them of the circumstances of our emigration and settlement 
here. We have appealed to their native justice and magnanimity, and 
we have conjured them, by the ties of our common kindred, to disavow 
these usurpations, which would inevitably interrupt our connections and 
correspondence. They, too, have been deaf to the voice of justice and 
consanguinity. We must, therefore, acquiesce in the necessity which 
denounces our separation, and hold them, as we hold the rest of man- 
kind, enemies in war, in peace, friends. 

We, therefore, the representatives of the United States of America, 
in general congress assembled, appealing to the Supreme Judge of the 



DECLARATION OF INDEPENDENCE. Xl 

world for the rectitude of our intentions, do, in the name, and by the 
authority of the good people of these colonies, solemnly publish and 
declare, That these United Colonies are, and of right ought to be, free 
and independent States; that they are absolved from all allegiance to the 
British Crown, and that all political connexion between them and the 
state of Great Britain, is, and ought to be totally dissolved; and that, as 
free and independent States, they have full power to levy war, con- 
clude peace, contract alliances, establish commerce, and to do all other 
acts and things which independent States may of right do. And, for 
the support of this declaration, with a firm reliance on the protection of 
DIVINE PROVIDENCE, we mutually pledge to each other our lives, 
our fortunes, and our sacred honor. 

[The foregoing Declaration was, by order of Congress, engrossed and 
signed by the following members :] 

JOHN HANCOCK. 



Thomas Stone, 

Charles Carroll, of Carrollton. 

VIRGINIA. 

George Wythe, 
Richard Henry Lee, 
Thomas Jefferson, 
Benjamin Harrison, 
Thomas Nelson, jun., 
Francis Lightfoot Lee, 
Carter Braxton. 

NORTH CAROLINA. 

William Hooper, 
Joseph Hewes, 
John Penn. 

SOUTH CAROLINA. 

Edward Rutledge, 
Thomas Hey ward, jun., 
Thomas Lynch, jun., 
Arthur Middleton. 

GEORGIA. 

Button Gwinnett, 
Lyman Hall, 
George Walton. 

the foregoing Declaration were, by a resolution of Congress, 
sent to the several assemblies, conventions, and committees, or councils 
of safety, and to the several commanding officers of the continental 
troops : and it was also proclaimed in each of the United States, and at 
the head of the army. 



NEW HAMPSHIRE. 

Josiah Bartlett, 
William Whipple, 
Matthew Thornton. 

MASSACHUSETTS BAT. 

Samuel Adams, 
John Adams, 
Robert Treat Paine, 
Elbridge Gerry. 

RHODE ISLAND. 

Stephen Hopkins, 

William Ellery. 

VECTICUT. 

Roger Sherman, 
Samuel Huntington, 
William Williams, 
Oliver Wolcott. 

NEW YORK. 

William Floyd. 
Philip Livingston, 
Lew i-. 
tforris. 



NEW JERSEY. 

Richard Stockton, 
John Witherspoon, 
Francis Hopkinson, 
John Hart, 
Abraham Clark. 

PENNSYLVANIA. 

Robert Morris, 
Benjamin Rush, 
Benjamin Franklin, 
John Morton, 
George Clymer, 
James Smith, 
George Taylor, 
James Wilson, 
George Ross. 

DELAWARE. 

Caesar Rodney, 
George Read, 
Thomas M'Kean. 

MARYLAND. 

Samuel Chase, 
William Paca, 



APPENDIX. 



DERIVATION AND EXPLANATION OF TERMS. 



[The terms explained in the Appendix are terms that are not ex- 
plained in the body of the book.] 



Judges dependent. One of the 

charges against the King of Eng- 
land, set forth in the Declaration 
of Independence, is that he had 
made judges in the colonies de- 
pendent on his will for their ten- 
ure of office, and the amount and 
payment of their salaries. This 
means that at his pleasure he 
dismissed judges from office, or 
reduced or stopped their salaries. 
No such thing can be done under 
the laws of the United States, or 
of any of the States. In the 
United States a judge is either 
appointed for life, or elected for 
a term of years. In either case 
he cannot be dismissed except on 
conviction of misconduct in office. 
If judges might be dismissed at 
the pleasure of one man there 
would be no security that they 
would administer the law "with- 
out fear or favor." Being de- 
pendent on one person for the 
holding of their office, they might 
be influenced to do injustice to 
please that person. The inde- 
pendence of the judiciary is one 



of the most valuable safeguards 
of freedom. 

Standing- armies. Bodies of sol- 
diers maintained (kept standing) 
in a country at times when there 
is no war or need for their active 
service. The Constitution of the 
United States declares that 
"standing armies in time of 
peace are dangerous to liberty. " 

Suspending laws. Stopping the 
operation of law. Under some ty- 
rannical governments this has of- 
ten been done to deprive the people 
of the protection of the laws. 
The Constitution of North Caro- 
lina declares that "the power of 
suspending laws without the con- 
sent of the representatives of the 
people is injurious to their rights, 
and ought not to be exercised." 

Unalienable rights. Rights that 
cannot be alienated or taken 
away : rights that belong to 
people naturally, as the right to 
life and liberty. 

Alienate. (Latin alius, another.) 
To take away from, to transfer 
to another. 



CONSTITUTION OF NOKTH CAEOLINA. 



DECLARATION OP RIGHTS, 

MADE, DECEMBER 17, 1776, BY THE 

Representatives of the Freemen of the State of North Carolina. 

Section 1. That all political power is rested in, and derived from the 
people only. 

Sec. 2. That the people of this State ought to have the sole and 
exclusive right of regulating the internal government and police thereof. 

Sec. 3. That no man, or set of men, are entitled to exclusive or 
separate emoluments or privileges from the community, but in consider- 
ation of public services. 

Sec. 4. That the Legislative, Executive, and Supreme Judicial powers 
of Government, ought? to be forever separate and distinct from each 
other. 

Sec. 5. That all power of suspending laws, or the execution of laws, 
by any authority, without consent of the representatives of the people, is 
injurious to their rights, and ought not to be exercised. 

6. That elections of Members to serve as Representatives in 
General Assembly, ought to be free. 

Sec. 7. That in all criminal prosecutions, every man has a right to be 
informed of the accusation against him, and to confront the accusers and 
witnesses with other testimony, and shall not be compelled to give 
evidence against himself. 

8. That no freeman shall be put to answer any criminal charge, 
but by indictment, presentment, or impeachment. 

Sec. 9. That no freeman shall be convicted of any crime, but by the 
unanimous verdict of a jury of good and lawful men, in open court, as 
heretofore used. 

Sec. 10. That excessive bail should not be required, nor excessive fines 
imposed, nor cruel or unusual punishments inflicted. 

Sec. 11. That general warrants, whereby any officer or messenger may 
be commanded to search suspected places without evidence of the fact 



Xiv APPENDIX. 

committed, or to seize any person or persons not named, whose offence is 
not particularly described and supported by evidence, are dangerous to 
liberty, and ought not to be granted. 

Sec. 12. That no freeman ought to be taken, imprisoned, or disseized 
of his freehold, liberties, or privileges, or outlawed or exiled, or in any 
manner destroyed or deprived of his life, liberty, or property, but by the 
law of the land. 

Sec. 13. That every freeman restrained of his liberty is entitled to a 
remedy to inquire into the lawfulness thereof, and to remove the same 
if unlawful, and that such remedy ought not to be denied or delayed. 

Sec 14. That in all controversies at law respecting property, the 
ancient mode of trial by jury is one of the best securities of the rights of 
the people, and ought to remain sacred and inviolable. 

Sec 15. That the freedom of the Press is one of the great bulwarks of 
liberty, and, therefore, ought never to be restrained. 

Sec 16. That the people of this State ought not to be taxed or made 
subject to the payment of any impost or duty without the consent of 
themselves or their Representatives in General Assembly, freely given. 

Sec 17. That the people have a right to bear arms for the defence 
of the State; and, as standing armies in time of peace are dangerous to 
liberty, they ought not to be kept up ; and that the Military should be 
kept under strict subordination to, and governed by, the Civil power. 

Sec 18. That the people have a right to assemble together, to consult 
for their common good, to instruct their Representatives, and to apply to 
the Legislature for redress of grievances. 

Sec 19. That all men have a natural and unalienable right to worship 
Almighty God according to the dictates of their own consciences. 

Sec 20. That' for redress of grievances, and for amending and 
strengthening the laws, elections ought to be often held. 

Sec. 21. That a frequent recurrence to fundamental principles is 
absolutely necessary to preserve the blessings of liberty. 

Sec 22. That no hereditary emoluments, privileges, or honors, ought to 
be granted or conferred in this State. 

Sec 23. That perpetuities and monopolies are contrary to the genius 
of a free State, and ought not to be allowed. 

Sec 24. That retrospective laws, punishing facts committed before 
the existence of such laws, and by them only declared criminal, are 
oppressive, unjust, and incompatible with liberty; wherefore, no ex post 
facto law ought to be made. . 

Sec 25. The property of the soil in a free government, being one of 
the essential rights of the collective body of the people, it is necessary, in 
order to avoid future disputes, that the limits of the State should be 



DECLARATION OF RIGHTS. XV 

ascertained with precision; and as the former temporary line between 
North and South Carolina was confirmed and extended by Commissioners 
appointed by the Legislatures of the two States, agreeable to the order of 
the late King George the Second, in Council, that line, and that only, 
should be esteemed the southern boundary of this State, as follows: that 
is to say, beginning on the sea-side, at a Cedar stake, at or near the mouth 
of Little River, being the southern extremity of Brunswick County, and 
running from thence a northwest course through the boundary house, 
which stands in thirty-three degrees, fifty-six minutes, to thirty-five 
degrees north latitude; and from thence a west course so far as is men- 
tioned in the charter of King Charles the Second to the late proprietors 
of Carolina. Therefore, all the territories, seas, waters, and harbors, 
with their appurtenances, lying between the line above described and the 
southern line of the State of Virginia, which begins on the sea-shore in 
thirty-six degrees, thirty minutes, north latitude, and from thence runs 
west, agreeable to the said charter of King Charles, are the right and 
property of the people of this State, to be held by them in sovereignty, 
any partial line without the consent of the Legislature of this State, at 
any time thereafter directed or laid out, in any case notwithstanding. 
Provided always, that this declaration of rights shall not prejudge any 
nation or nations of Indians from enjoying such hunting grounds as 
may have been, or hereafter shall be, secured to them by any former or 
future Legislature of this State. And provided also, that it shall not 
be construed so as to prevent the establishment of one or more Govern- 
ments westward of this State, by consent of the Legislature. And pro- 
vided further, that nothing herein contained shall affect the titles or 
of individuals, holding or claiming under the laws heretofore 
in force, or grants heretofore made by the late King George the Third, or 
his predecessors, or the late Lords Proprietors, or any of them. 

December the seventeenth day, Anno 



I, 



Domini one thousand, seven hundred yR CASWELL , President. 
and seventy-six: read the third time i 
and ratified in open Congress. J 

JA.MES GREEN, Jr., Secretary. 



APPENDIX. 



CONSTITUTION OF NORTH CAROLINA. 

The Constitution or Form of Government agreed to and resolved upon 
by the Representatives of the Freemen of the State of North 
Carolina, elected and chosen for that particular purpose, in Con- 
gress assembled, at Halifax, the eighteenth day of December, in 
the year of our Lord, one thousand seven hundred and seventy-six. 

Whereas, allegiance and protection are, in their nature, reciprocal, and 
the one should of right be refused when the other is withdrawn. And 
whereas, George the Third, King of Great Britain, and late Sovereign of 
the British American Colonies, hath not only withdrawn from them his 
protection, but by an Act of the British Legislature, declared the inhabi- 
tants of these States out of the protection of the British Crown, and all 
their property found upon the high seas liable to be seized and confiscated 
to the uses mentioned in the said Act. And the said George the Third 
has also sent fleets and armies to prosecute a cruel war against them, for 
the purpose of reducing the inhabitants of the said Colonies to a state of 
abject slavery. In consequence whereof, all Government under the said 
King, within the said Colonies, hath ceased, and a total dissolution of 
Government in many of them hath taken place. And whereas, the 
Continental Congress having considered the premises, and other previous 
violations of the rights of the good People of America, have therefore 
declared that the Thirteen United Colonies are, of right, wholly absolved 
from all allegiance to the British Crown, or any other foreign jurisdic- 
tion whatsoever, and that the said Colonies now are, and forever shall be, 
free and independent States. Wherefore, in our present state, in order 
to prevent anarchy and confusion, it becomes necessary that a Govern- 
ment should be established in this State. Therefore, we, the Representa- 
tives of the Freemen of North Carolina, chosen and assembled in Con- 
gress for the express purpose of framing a Constitution, under the 
authority of the people, most conductive to their happiness and pros- 
perity, do declare that a Government for this State shall be established in 
manner and form following, to wit : 

Section 1. That the Legislative authority shall be vested in two 
distinct branches, both dependent on the people, to wit, a Senate and 
House of Commons. 

Sec. 2. That the Senate shall be composed of Representatives annually 
chosen by ballot, one from each County in this State. 

Sec 3. That the House of Commons shall be composed of Representa- 
tives annually chosen by ballot, two for each County, and one for each of 
the Towns of Edenton, Newbern, Wilmington, Salisbury, Hillsborough 
and Halifax. 



FIRST CONSTITUTION OF NORTH CAROLINA. xvn 

Sec. 4. That the Senate and House of Commons, assembled for the 
purpose of Legislation, shall be denominated the General Assembly. 

Sec. 5. That each member of the Senate shall have usually resided in 
the County in which he is chosen for one year immediately preceding 
his election ; and for the same time shall have possessed, and continue 
to possess, in the County which he represents, not less than three hun- 
dred acres of land in fee. 

Sec. (i. That each member of the House of Commons shall have usually 
resided in the County in which he is chosen, for one year immediately 
preceding his election, and for six months shall have possessed, and 
continue to possess, in the County which he represents, not less than one 
hundred acres of land in fee, or for the term of his own life. 

Sec. 7. That all freemen of the age of twenty-one years, who have 
been inhabitants of any one County within the State twelve months 
immediately preceding the day of any election, and possessed of a free- 
hold, within the same County, of fifty acres of land for six months next 
before and at the day of election, shall be entitled to vote for a member 
of the Senate. 

Sec. S. That all freemen of the age of twenty-one years, who have been 
inhabitants of any County within this State twelve months immediately 
preceding the day of any election, and shall have paid public taxes, shall 
be entitled to vote for members of the House of Commons for the County 
in which he resides. 

Sec 0. That all persons possessed of a freehold in any Town in this 
State, having a right of representation, and also all freemen who have 
been inhabitants of any such Town twelve months before and at the day 
of election, and shall have paid public taxes, shall be entitled to vote for 
a member to represent such Town in the House of Commons. Provided 
always, that this section shall not entitle any inhabitant of such Town to 
vote for members of the House of Commons for the County in which he 
may reside, nor any freeholder in such County, who resides without or 
beyond the limits of such Town, to vote for a member for said Town. 

Sec. 10. That the Senate and House of Commons, when met, shall 
each have power to choose a Speaker and other their officers, be judges 
of the qualifications and elections of their members, sit upon their own 
adjournment from day to day. and prepare bills to be passed into laws. 
The two Houses shall direct writs of elections for supplying intermediate 
vacancies, and shall also jointly, by ballot, adjourn themselves to any 
future day and place. 

Sec 11. That all bills shall be read three times in each House before 
they pass into laws, and be signed by the Speaker of both Houses. 

Sec 12. That every person who shall be chosen a member of the 
2 



XVlli APPENDIX. 

Senate or House of Commons, or appointed to any office or place of trust, 
before taking his seat or entering upon the execution of his office, shall 
take an oath to the State ; and all officers shall also take an oath of 
office. 

Sec. 13. That the General Assembly shall, by joint ballot of both 
Houses, appoint Judges of the Supreme Courts of Law and Equity, 
Judges of Admiralty, and Attorney General, who shall be commissioned 
by the Governor, and hold their offices during good behavior. 

Sec 14. That the Senate and House of Commons shall have power to 
appoint the Generals and Field Officers of the Militia, and all Officers of 
the Regular Army of this State. 

Sec. 15. That the Senate and House of Commons jointly, at their first 
meeting after each annual election, shall, by ballot, elect a Governor for 
one year, who shall not be eligible to that office longer than three years 
in six successive years ; that no person under thirty years of age, and 
who has not been a resident in this State above five years, and having in 
the State a freehold in lands and tenements above the value of one 
thousand pounds, shall be eligible as Governor. 

Sec. 16. That the Senate and House of Commons jointly, at their first 
meeting after each annual election, shall, by ballot, elect seven persons to 
be a Council of State for one year, who shall advise the Governor in the 
execution of his office, and that four members shall be a quorum ; their 
advice and proceedings shall be entered in a Journal to be kept for that 
purpose only, and signed by the members present, to any part of which 
any member present may enter his dissent; and such Journal shall be 
laid before the General Assembly when called for by them. 

Sec 17. That there shall be a Seal of this State, which shall be kept 
by the Governor, and used by him as occasion may require, and shall be 
called the Great Seal of the State of North Carolina, and be affixed to all 
Grants and Commissions. 

Sec 18. That the Governor for the time being shall be Captain General 
and Commander-in-Chief of the Militia ; and in the recess of the General 
Assembly, shall have power, by and with the advice of the Council of 
State, to embody the militia for the public safety. 

Sec 19. That the Governor for the time being shall have power to 
draw for and supply such sums of money as shall be voted by the General 
Assembly for the contingencies of Government, and be accountable to 
them for the same ; he also may, by and with the advice of the Council 
of State, lay embargoes, or prohibit the exportation of any commodity, 
for any term not exceeding thirty days at any one time, in the recess of 
the General Assembly. »nd shall have the power of granting pardons and 
reprieves, except where the prosecution shall be carried on by the General 



FIRST CONSTITUTION OF NORTH CAROLINA. xix 

Assembly, or the law shall otherwise direct ; in which ease he may, in 
the recess, grant a reprieve until the next sitting of the General As- 
sembly, and may exercise all the other Executive powers of Government, 
limited and restrained, as by this Constitution is mentioned, and accord- 
ing to the laws of the State : and on his death, inability, or absence from 
the State, the Speaker of the Senate for the time being, and in case of 
his death, inability, or absence from the State, the Speaker of the House 
of Commons shall exercise the powers of the Governor, after such death, 
or during such absence or inability of the Governor or Speaker of the 
Senate, or until a new nomination is made by the General Assembly. 

- . '20. That in every case where any officer, the right of whose ap- 
pointment is by this Constitution A'ested in the General Assembly, shall, 
during their recess, die, or his office by other means become vacant, the 
Governor shall have power, with the advice of the Council of State, to 
fill up such vacancy by granting a temporary commission, which shall 
expire at the end of the next session of the General Assembly. 

Sec 21. That the Governor, Judges of the Supreme Courts of Law and 
Equity, Judges of Admiralty and Attorney General, shall have adequate 
salaries during their continuance in office. 

'22. That the General Assembly shall, by joint ballot of both 
Houses, annually appoint a Treasurer or Treasurers for this State. 

23. That the Governor and other officers offending against the 
State by violating any part of this Constitution, mal-administration or 
corruption, may be prosecuted on the impeachment of the General As- 
sembly, [or] presentment of the Grand Jury of any Court of Supreme 
jurisdiction in this State. 

24. That the General Assembly shall, by joint ballot of both 
Houses, triennially appoint a Secretary for this State. 

Sec. 25. That no persons who heretofore have been, or hereafter may 
be, receivers of the public moneys, shall have a seat in either House of 
General Assembly, or be eligible to any oifice in this State, until such 
person shall have fully accounted for and paid into the Treasury all 
sums for which they may be accountable and liable. 

26. That no Treasurer shall have a seat in either the Senate, 
of Commons, or Council of State during his continuance in that 

offir-t-. or before he shall have finally settled his accounts with the public, 
for all moneys which may be in his hands at the expiration of his office, 
belonging to the State, and hath paid the same into the hands of the 
succeeding Tnusurer. 

27. Thai no Officer in the Regular Army or Navy in the service 
and pay of the United State-, of this or.any other State, of any contractor 
or agent for supplying such Army or Navy with clothing or provisions, 



XX • APPENDIX. 

shall have a seat in either the Senate, House of Commons, or Council of 
State, or be eligible thereto ; and any member of the Senate, House of 
Commons, or Council of State, being appointed to and accepting of such 
office, shall thereby vacate his seat. 

Sec. 28. That no member of the Council of State shall have a seat 
either in the Senate or House of Commons. 

Sec. 29. That no Judge of the Supreme Court of Law or Equity, or 
Judge of Admiralty, shall have a seat in the Senate, House of Commons, 
or Council of State. 

Sec. 30. That no Secretary of this State, Attorney General or Clerk of 
any Court of Record, shall have a seat in the Senate, House of Commons, 
or Council of State. 

Sec 31. That no Clergyman, or Preacher of the Gospel, of any denom- 
ination, shall be capable of being a member of either the Senate, House 
of Commons, or Council of State, while he continues in the exercise of 
the Pastoral function. 

Sec. 32. That no person who shall deny the being of God, or the truth 
of the Protestant Religion, or the divine authority either of the Old or 
New Testament, or who shall hold Religious principles incompatible with 
the freedom and the safety of the State, shall be capable of holding any 
office or place of trust or profit in the Civil department within this 
State. 

Sec 33. That the Justices of the Peace, within the respective Counties 
in this State, shall in future be recommended to the Governor for the 
time being by the Representatives in General Assembly, and the Gover- 
nor shall commission them accordingly ; and the Justices, when so com- 
missioned, shall hold their offices during good behavior, and shall not 
be removed from office by the General Assembly unless for misbehavior, 
absence, or inability. 

Sec 34. That there shall be no establishment of any one Religious 
Church or denomination in this State in preference to any other ; neither 
shall any person, on any pretence whatsoever, be compelled to attend any 
place of worship contrary to his own faith or judgment, nor be obliged 
to pay for the purchase of any glebe, or the building of any house of 
worship, or for the maintenance of any minister or ministry, contrary to 
what he believes right, or has voluntarily and personally engaged to per- 
form ; but all persons shall be at liberty to exercise their own mode of 
worship. Provided, that nothing herein contained shall be construed to 
exempt preachers of treasonable or seditious discourses from legal trial 
and punishment. 

Sec 35. That no person in the State shall hold more than one lucra- 
tive office at any one time. Provided, that no appointment in the 



FIRST CONSTITUTION OF NORTH CAROLINA. XXI 

Militia or to the office of a Justice of the Peace shall be considered as a 
lucrative office. 

Sec. oG. That all Commissions and Grants shall run in the name of 
the Stare of North Carolina ami bear test and be signed by the Governor. 
All writs shall run in the same manner, and bear test and be signed by 
the Clerks of the respective Courts. Indictments shall conclude against 
the peace and dignity of the State. 

Sec. 37. That the Delegates for this State to the Continental Congress, 
while necessary, shall be chosen annually by the General Assembly, by 
ballot, but may be superseded, in the meantime, in the same manner : and 
no person shall be elected to serve in that capacity for more than three 
years successively. 

Sec. 38. That there shall be a Sheriff, Coroner or Coroners, and Con- 
stables, in each County within this State. 

Sec 39. That the person of a debtor, where there is not a strong pre- 
sumption of fraud, shall not be continued in prison after delivering up, 
bona fide, all his estate, real and personal, for the use of his creditors, in 
such manner as shall be hereafter regulated by law. All prisoners shall 
be bailable by sufficient sureties, unless for capital offences, when the 
proof is evident, or presumption great. 

Sec. 40. That every foreigner who comes to settle in this State, 
having first taken an oath of allegiance to the same, may purchase, or 
by other just means acquire, hold, and transfer land or other real estate ; 
and. after one year's residence, shall be deemed a free citizen. 

Sec. 41. That a school or schools shall be established by the Legisla- 
ture for the convenient instruction of youth, with such salaries to the 
masters, paid by the public, as may enable them to instruct at low prices ; 
and all useful learning shall be duly encouraged and promoted in one or 
more Univer>ities. 

Se< . 42. That no purchase of lands shall be made of the Indian 
natives, but on behalf of the public, by authority of the General 
Assembly. 

Sec. 43. That the future Legislature of this State shall regulate 
entails in such a manner as to prevent perpetuities. 

44. That the declaration of rights is hereby declared to be part 
of the Constitution of this State, and ought never to be violated on any 
pretence whatever. 

Sec. 45. That any member of either House of the General Assembly 
shall have liberty to dissent from and protest against any act or resolve 
which he may think injurious to the public, or any individual, and have 
the reasons of his <li<-enf entered on the Journal-. 

40. That neither House of the General Assembly shall proceed 



xxii APPENDIX. 

upon public business unless a majority of all the members of such House 

are actually present ; and that upon a motion made and seconded, the 

Yeas and Nays upon any question shall be taken and entered on the 

Journals ; and that the Journals of the Proceedings of both Houses of 

the General Assembly shall be printed and made public, immediately 

after their adjournment. 

This Constitution is not intended to preclude the present Congress 

from making a temporary provision for the well ordering of this State, 

until the General Assembly shall establish Government agreeable to the 

mode hereinbefore prescribed. 

December the eighteenth, one thousand ") 

seven hundred and seventy-six ; read j _, _. . OTTrT ^ T T „ . 7 . 
....... -, ,-~ *, . Y R- CASWELL, President. 

the third time and ratified in open I 

Congress. J 

JAMES GREEN, Jr., Secretary. 

Note. — Though North Carolina was originally settled by people from 
different countries, the English language was in general use in the 
colony, as in the twelve other colonies. English was the language in 
which public business was transacted. The colony was controlled by 
the British parliament. All the laws and forms of government were 
modelled after those of England. 

The English people had for centuries contended for personal liberty, 
and for protection of their property against the arbitrary power of their 
kings. Little by little the kings were obliged to yield to the people's 
demands for freedom and justice. In the earlier periods of English 
history, before the system of representative government had begun to 
take form, the people compelled the kings to grant charters in which 
valuable public rights were recognized and established. 

The most notable of these charters is famous in history as Magna 
Charta or the Great Charter. This was extorted from King John on the 
15th of June, 1215, at Runnymede on the Thames, near Windsor. It is 
the foundation of English freedom. Before the time of the Charter, the 
property, liberty, and lives of the people were at the mercy of the king. 
The king might, and often did, put people into prison, deprive them 
of their property, or put them to death, without any form of trial. The 
Great Charter provided that there should be protection of law. In one 
of its clauses King John was compelled to make promise in these 
words : 

'• No freeman shall be seized, or imprisoned, or dispossessed, or out- 
lawed, or in any way brought to ruin ; we [the King] will not go against 
any man, nor send against him, save by legal judgment of his peers, or 



FIRST CONSTITUTION OF NORTH CAROLINA. 



xxm 



by the law of the land. . . . To no man will we sell, or deny, or 
delay right or justice." 

The great principle of trial by jury is here established. From the 
time of the Charter no Englishman could be deprived of life or property 
without process of law. 

The early settlers in North Carolina brought with them from the 
mother countries the principles of liberty which had been spreading in 
Europe. Having planted themselves in a wilderness where they lived at 
wide distances apart, and far from the home governments, the desire for 
still further liberty was natural, and the assertion of it by armed force 
was easier, because the ocean intervened between them and England. 

The people of Xorth Carolina were, therefore, in a spirit to resist the 
tyranny of the British king, and were prepared to declare their inde- 
pendence, and to form such a Constitution as was adopted at Halifax 
in 1776. 

DERIVATION AND EXPLANATION OF TERMS. 



Bear test. (Latin testis, a wit- 
ness.) To bear test is to bear 
witness, to give evidence. 

Confiscate. (Latin Con, together, 
and fiscus, a money bag, the pub- 
lic treasury.) To seize private 
property and appropriate it to 
public use ; to put it into the 
public treasury. 

Contested election. An election 
as to result of which there is a 
dispute or contest. After an elec- 
tion a defeated candidate may 
have reason to believe that the 
election was not legally con- 
ducted. He may be able to 
prove that the votes were not 
correctly counted or that persons 
duly qualified were not permitted 
to vote. In such case the can- 
didate may contest the election ; 
that is, he may demand an inves- 
tigation of the facts. 

Disseize of freehold. {Disseize, 
Latin dis, away from, and Eng- 



lish seize.) To take away from a 
person, or deprive him of, his 
freehold property. 

Embargo. (Spanish cmbargar, to 
arrest.) An order by government 
prohibiting the sailing of ships 
from ports within its dominion. 
Such order may be necessary in 
war times. 

Entail. (French entailler, to cut 
off.) An estate in land is en- 
tailed when the right of owner- 
ship descends from father to el- 
dest son or lawful heir. The owner 
of an entailed estate cannot sell it 
or divide it among his children. 
It is cut off from all except a 
particular heir or heirs. 

Lords proprietors in Colonial 
times in North Carolina were 
British lords and others to whom 
the king made grants of land in 
the colony. 

Perpetuity. An estate which con- 
tinues for ever, or for a very long 



APPENDIX. 



time, in possession of the same 
family, is called a perpetuity. 
(See entail above.) 

Premises. (Latin pre, before, 
and missus, sent.) Statements 
or propositions going before or 
made previously. 

Retrospective laws. (Retrospec- 



tive, Latin retro, backward, and 
specere, to look.) Laws which 
punish persons for something 
done before the laws were- made, 
and which was not then crim- 
inal. Retrospective laws are 
prohibited by the Constitution of 
North Carolina. 



ARTICLES OF CONFEDERATION. 

Articles of Confederation and Perpetual Union between the States of 
New Hampshire, Massachusetts Bay. Rhode Island and Provi- 
dence Plantations, Connecticut, New York, New Jersey, Pennsyl- 
vania, Delaware, Maryland, Virginia, North Carolina, South 
Carolina, and Georgia. 

Article I. — The style of this confederacy shall be, " The United 
States of America." 

Art. II. — Each State retains its sovereignty, freedom, and indepen- 
dence, and every power, jurisdiction, and right, which is not by this con- 
federation expressly delegated to the United States in Congress assembled. 

Art. III. — The said States hereby severally enter into a firm league 
of friendship with each other, for their common defence, the security of 
their liberties, and their mutual and general welfare, binding themselves 
to assist each other against all force offered to, or attacks made upon 
them, or any of them, on account of religion, sovereignty, trade, or any 
other pretence whatever. 

Art. IV. — The better to secure and perpetuate mutual friendship and 
intercourse among the people of the different States in this Union, the 
free inhabitants -of each of these States, paupers, vagabonds, and fugi- 
tives from justice excepted, shall be entitled to all privileges and immu- 
"f free citizens in the several States : and the people of each State 
shall have free ingress and regress to and from any other State, and 
shall enjoy therein all the privileges of trade and commerce, subject to 
the same duties, impositions, and restrictions, as the inhabitants thereof 
ively : provided that such restrictions shall not extend so far as to 
prevent the removal of property imported into any State, to any other 
State of which the owner is an inhabitant ; provided, also, that no 
imposition, duties, or restriction, shall be laid by any State on the 
property of the United States or either of them. 

If any person guilty of, or charged with, treason, felony, or other high 

neanor in any State, shall flee from justice, and be found in any 

of the United States, he -hall, upon demand of the governor or executive 

power of the State from which he fled, be delivered up, and removed to 

the State having jurisdiction of his offence. 



xx vi APPENDIX. 

Full faith and credit shall be given, in each of these States, to the 
records, acts, and judicial proceedings of the courts and magistrates of 
every other State. 

Art. V. — For the more convenient management of the general inter- 
ests of the United States, delegates shall be annually appointed in such 
manner as the legislature of each State shall direct, to meet in Congress 
on the first Monday in November, in every year, with a power reserved 
to each State to recall its delegates, or any of them, at any time within 
the year, and to send others in their stead for the remainder of the year. 

No State shall be represented in Congress by less than two, nor by 
more than seven members ; and no person shall be capable of being a 
delegate for more than three years, in any term of six years ; nor shall 
any person, being a delegate, be capable of holding any office under the 
United States, for which he, or another for his benefit, receives any 
salary, fees, or emolument of any kind. 

Each State shall maintain its own delegates hi any meeting of the 
States and while they act as members of the committee of the States. 

In determining questions in the United States in Congress assembled, 
each State shall have one vote. 

Freedom of speech and debate in Congress shall not be impeached or 
questioned in any court or place out of Congress ; and the members of 
Congress shall be protected in their persons from arrests and imprison- 
ments during the time of their going to and from, and attendance on 
Congress, except for treason, felony, or breach of the peace. 

Art. VI. — No State, without the consent of the United States, in 
Congress assembled, shall send any embassy to, or receive any embassy 
from, or enter into any conference, agreement, alliance, or treaty, with 
any king, prince, or state ; nor shall any person holding any office of 
profit or trust under the United States, or any of them, accept of any 
present, emolument, office, or title, of any kind whatever, from any king, 
prince, or foreign state ; nor shall the United States, in Congress assem- 
bled, or any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, confederation, or 
alliance whatever between them, without the consent of the United 
States, in Congress assembled, specifying accurately the purposes for 
which the same is to be entered into, and how long it shall continue. 

No States shall lay any impost or duties which may interfere with any 
stipulations in treaties entered into by the United States, in Congress 
assembled, with any king, prince, or state, in pursuance of any treaties 
already proposed by Congress to the courts of France and Spain. 

No vessels of war shall be kept up in time of peace, by any State, 
except such number only as shall be deemed necessary, by the United 



ARTICLES OF CONFEDERATION. xxvil 

States in Congress assembled, for the defence of such State or its trade : 
nor shall any body of forces be kept up, by any State, in time of peace, 
except such number only as, in the judgment of the United States, in 
Congress assembled, shall be deemed requisite to garrison the forts neces- 
sary for the defence of such State ; but every State shall always keep up a 
well regulated and disciplined militia, sufficiently armed and accoutred, 
and shall provide and constantly have ready for use, in public stores, a 
due number of field-pieces and tents, and a proper quantity of arms, 
ammunition, and camp equipage. 

No State shall engage in any war without the consent of the United 
States, in Congress assembled, unless such State be actually invaded by 
enemies, or shall have received certain advice of a resolution being formed 
by some nation of Indians to invade such State, and the danger is so 
imminent as not to admit of a delay till the United States, in Congress 
assembled, can be consulted ; nor shall any State grant commissions to 
any ships or vessels of war, nor letters of marque or reprisal, except it be 
after a declaration of war by the United States, in Congress assembled, 
and then only against the kingdom or state, and the subjects thereof, 
against which war has been so declared, and under such regulations as 
shall be established by the United States, in Congress assembled, unless 
such State be infested by pirates, in which case vessels of war may be 
fitted out for that occasion, and kept so long as the danger shall continue, 
or until the United States, in Congress assembled, shall determine 
other\vj>e. 

Art. VII. — When land forces are raised by any State for the common 
defence, all officers of, or under the rank of colonel shall be appointed 
by the legislature of each State respectively, by whom such forces shall be 
raised, or in such manner as such State shall direct, and all vacancies 
shall be filled up by the State which first made the appointment. 

Art. VII I. — All charges of war, and all other expenses that shall be 
incurred for the common defence or general welfare, and allowed by the 
United State-, in Congress assembled, shall be defrayed out of a common 
treasury, which shall be supplied by the several State-, in proportion to 
the value of all land within each State, granted to, or surveyed for, any 
person, as such land and the buildings and improvements thereon shall 
be estimated according to such mode as the United States, in Congress 
assembled, shall, from time to time, direct and appoint. The taxes for 
paying that proportion shall be laid and levied by the authority and 
direction of the legislatures of the several Stales, within the time agreed 
upon by the United States, in Congress assembled. 

Art. IX. — The United States, in Congress assembled, -ball have the 
sole and exclusive right and power of determining on peace and war, 



xxvm APPENDIX. 

except in the eases mentioned in the sixth Article ; of sending and 
receiving ambassadors ; entering into treaties and alliances, provided 
' that no treaty of commerce shall be made whereby the legislative power 
of the respective States shall be restrained from imposing such imposts 
and duties on foreigners as their own people are subjected to, or from 
prohibiting the exportation or importation of any species of goods or 
commodities whatsoever ; of establishing rules for deciding, in all cases, 
what captures on land or water shall be legal, and in what manner prizes 
taken by land or naval forces in the service of the United States shall be 
divided or appropriated ; of granting letters of marque and reprisal in 
times of peace ; appointing courts for the trial of piracies and felonies 
committed on the high seas ; and establishing courts for receiving and 
determining finally appeals in all cases of captures, provided that no 
member of Congress shall be appointed a judge of any of the said courts. 
The United States, in Congress assembled, shall also be the last resort 
on appeal, in all disputes and differences now subsisting, or that here- 
after may arise between two or more States concerning boundary, 
jurisdiction, or any other cause whatever ; which authority shall always 
be exercised in the manner following : Whenever the legislative or 
executive authority, or lawful agent of any State in controversy with 
another, shall present a petition to Congress, stating the matter in ques- 
tion, and praying for a hearing, notice thereof shall be given by order of 
Congress to the legislative or executive authority of the other States in 
controversy, and a day assigned for the appearance of the parties by their 
lawful agents, who shall then be directed to appoint, by joint consent, 
commissioners or judges to constitute a court for hearing and determining 
the matter in question ; but if they cannot agree, Congress shall name 
three persons out of each of the United States, and from the list of such 
persons each party shall alternately strike out one, the petitioners 
beginning, until the number shall be reduced to thirteen ; and from that 
number not less than seven nor more than nine names, as Congress shall 
direct, shall, in the presence of Congress, be drawn out by lot ; and the 
persons whose names shall be so drawn, or any five of them, shall be 
commissioners or judges, to hear and finally determine the controversy, 
so always as a major part of the judges, who shall hear the cause, shall 
agree in the determination ; and if either party shall neglect to attend 
at the day appointed, without showing reasons which Congress shall 
judge sufficient, or, being present, shall refuse to strike, the Congress 
shall proceed to nominate three persons out of each State, and the secre- 
tary of Congress shall strike in behalf of such party absent or refusing ; 
and the judgment and sentence of the court, to be appointed in the 
manner before prescribed, shall be final and conclusive ; and if any of the 



ARTICLES OF CONFEDERATION. xxix 

parties shall refuse to submit to the authority of such court, or to appear 
or defend their claim or cause, the court shall nevertheless proceed to 
pronounce sentence or judgment, which shall in like manner be final and 
decisive : the judgment or sentence and other proceedings being in either 
case transmitted to Congress, and lodged among the acts of Congress for 
the security of the parties concerned ; provided, that every commissioner, 
before he sits in judgment, shall take an oath, to be administered by one 
of the judges of the supreme or superior court of the State where the 
cause shall be tried. " well and truly to hear and determine the matter 
in question, according to the best of his judgment, without favor, affec- 
tion, or hope of reward." Provided, also, that no State shall be deprived 
of territory for the benefit of the United States. 

All controversies concerning the private right of soil claimed under 
different grants of two or more States, whose jurisdictions, as they may 
respect such lands and the States which passed such grants, are adjusted, 
the said grants or either of them being at the same time claimed to have 
originated antecedent to such settlement of jurisdiction, shall, on the 
petition of either party to the Congress of the United States, be finally 
determined, as near as may be. in the same manner as is before pre- 
scribed for deciding disputes respecting territorial jurisdiction between 
different States. 

The United States, in Congress assembled, shall also have the sole and 
exclusive right and power of regulating the alloy and value of coin 
struck by their own authority, or by that of the respective States; fixing 
tandard of weights and measures throughout the United States ; 
regulating the trade and managing all affairs with the Indians not mem- 
i any of the States: provided, that the legislative right of any 
State, within its own limits, be not infringed or violated ; establishing 
and regulating post-offices from one State to another throughout all 
the United States, and exacting such postage on the papers passing 
through the same, as may be requisite to defray the expenses of the said 
office : appointing all officers of the land forces in the service of the 
United States, excepting regimental officers ; appointing all the officers 
of the naval forces, and commissioning all officers whatever in the 
service of the United States ; making rules for the government and 
regulation of the said land and naval forces, and directing their 
operations. 

The United States, in Congress assembled, shall have authority to 

appoint a committee to sit in the recess of Congress, to be denominated 

•• A Committee of th< rad to consist of one delegate from each 

Stare, and to appoint such other committees and civil officers as may be 

iary for managing the general affairs of the United States under 



xxx APPENDIX. 

their direction ; to appoint one of their number to preside, provided that 
no person be allowed to serve in the office of president more than one 
year in any term of three years ; to ascertain the necessary sums of 
money to be raised for the service of the United States, and to appro- 
priate and apply the same for defraying the public expenses ; to borrow 
money or emit bills on the credit of the United States, transmitting 
every half year to the respective States an account of the sums of money 
so borrowed or emitted ; to build and equip a navy ; to agree upon the 
number of land forces, and to make requisitions from each State for its 
quota, in proportion to the number of white inhabitants in such State, 
which requisition shall be binding ; and thereupon the legislature of 
each State shall appoint the regimental officers, raise the men, and 
clothe, arm, and equip them in a soldier-like manner at the expense 
of the United States ; and the officers and men so clothed, armed, and 
equipped shall march to the place appointed, and within the time agreed 
on by the United States, in Congress assembled ; but if the United 
States, in Congress assembled, shall, on consideration of circumstances, 
judge proper that any State should not raise men, or should raise a 
smaller number than its quota, and that any other State should raise a 
greater number of men than the quota thereof, such extra number shall 
be raised, officered, clothed, armed, and equipped in the same manner as 
the quota of such State, unless the Legislature of such State shall judge 
that such extra number cannot be safely spared out of the same, in 
which case they shall raise, officer, clothe, arm, and equip as many 
of such extra number as they judge can be safely spared, and the officers 
and men so clothed, armed, and equipped shall march to the place 
appointed, and within the time agreed on by the United States, in Con- 
gress assembled. 

The United States, in Congress assembled, shall never engage in a war, 
nor grant letters of marque and reprisal in time of peace, nor enter into 
any treaties or alliances, nor coin money, nor regulate the value thereof? 
nor ascertain the sums and expenses necessary for the defence and wel- 
fare of the United States, or any of them, nor emit bills, nor borrow 
money on the credit of the United States, nor appropriate money, nor 
agree upon the number of vessels of war to be built or purchased, or the 
number of land or sea forces to be raised, nor appoint a commander-in- 
chief of the army or navy, Unless nine States assent to the same, nor 
shall a question on any other point, except for adjourning from day to 
day, be determined, unless by the votes of a majority of the United 
States, in Congress assembled. 

The Congress of the United States shall have power to adjourn to any 
time within the year, and to any place within the United States, so that 



ARTICLES OF CONFEDERATION. xxxi 

no period of adjournment be for a longer duration than the space of six 
months, and shall publish the journal of their proceedings monthly, 
except such parts thereof relating to treaties, alliances, or military 
operations as in their judgment require secrecy ; and the yeas and nays 
of the delegates of each State, on any question, shall be entered on the 
Journal, when it is desired by any delegate ; and the delegates of a State 
or any of them, at his or their request, shall be furnished with a tran- 
script of the said Journal, except such parts as are above excepted, to lay 
before the legislatures of the several States. 

Art. X. — The committee of the States, or any nine of them, shall be 
authorized to execute, in the recess of Congress, such of the powers of 
Cougress as the United States, in Congress assembled, by the consent of 
nine States, shall, from time to time, think expedient to vest them with ; 
provided that no power be delegated to the said committee, for the exer- 
cise of which, by the articles of confederation, the voice of nine States, 
in the Congress of the United States assembled, is requisite. 

Art. XI. — Canada acceding to this Confederation, and joining in the 
measures of the United States, shall be admitted into, and entitled to all 
the advantages of this Union ; but no other colony shall be admitted into 
the same unless such admission be agreed to by nine States. 

Art. XII. — All bills of credit emitted, moneys borrowed, and debts 
contracted by or under the authority of Congress, before the assembling 
of the United States, in pursuance of the present confederation, shall be 
deemed and considered as a charge against the United States, for pay- 
ment and satisfaction whereof the said United States and the public faith 
are hereby solemnly pledged. 

Art. XIII. — Every State shall abide by the determinations of the 
United States, in Congress assembled, on all questions which by this 
Confederation are submitted to them. And the Articles of this Con- 
federation shall be inviolably observed by every State, and the Union 
shall be perpetual ; nor shall any alteration at any time hereafter be 
made in any of them, unless such alteration be agreed to in a Congress 
of the United States, and be afterwards confirmed by the legislatures of 
every State. 

And whereas, it hath pleased the great Governor of the world to incline 
the hearts of the legislatures we respectfully represent in Congress, to 
approve of, and to authorize us to ratify the said Articles of Confedera- 
tion and perpetual Union, know ye. that we. the undersigned delegates, 
by virtue of the power and authority to us given for that purpose, do, by 
-resents, in the name and in behalf of our respective constituents, 
fully and entirely ratify and confirm each and every of the said Articles 
of Confederation and perpetual Union, and all and singular the matters 



xxxii APPENDIX. 

and things therein contained. And we do further solemnly plight and 
engage the faith of our respective constituents, that they shall abide by 
the determinations of the United States, in Congress assembled, on all 
questions which, by the said Confederation, are submitted to them ; and 
that the Articles thereof shall be inviolably observed by the States we 
respectively represent, and that the Union shall be perpetual. In 
witness whereof, we have hereunto set our hands in Congress. Done at 
Philadelphia, in the State of Pennsylvania, the ninth day of July, in the 
year of our Lord 1778, and in the third year of the Independence of 
America. 

On the part and in behalf of the State of New Hampshire : 

Josiah Bartlett, John Wentworth, jun., August 

8, 1778. 

On the part and in behalf of the State of Massachusetts Bay : 

John Hancock, Francis Dana, 

Samuel Adams, James Lovell, 

Elbridge Gerry, Samuel Holt on. 

On the part and in behalf of the State of Rhode Island and Providence 
Plantations : 

William Ellery, John Collins. 

Henry Marchant, 

On the part and in behalf of the State of Connecticut : 

Roger Sherman, Titus Hosmer, 

Samuel Huntington, Andrew Adams, 

Oliver Wolcott, 

On the part and in behalf of the State of New York : 

Jas Duane, William Duer, 

Fras Lewis, Gouv r Morris. 

On the part and in behalf of the State of New Jersey : 

Jn° Witherspoon, Nath 1 Scudder, November 26, 

1778. 

On the part and in behalf of the State of Pennsylvania : 

Rob* Morris, William Clingan, 

Daniel Roberdeau, Joseph Reed, July 22, 1778. 

Jon a Bayard Smith, 



ARTICLES OF CONFEDERATION. xxxiii 

On the part and in behalf of the State of Delaware : 

Tho. BfKean, February 13, 1779, Nicholas Van Dyke. 

John Dickinson. May 5, 1779. 

On the part and in behalf of the State of Maryland : 
John Hanson. March 1, 1781, Daniel Carroll, March 1, 1781. 

On the part and in behalf of the State of Virginia : 

Richard Henry Lee, Jn° Harvie, 

John Banister, Francis Lightfoot Lee. 

Thomas Adams, 

On the part and in behalf of the State of North Carolina: 

John Penn, July 21, 1778, Jn° Williams. 

Cornelius Hartnett, 

On the part and in behalf of the State of South Carolina : 

Henry Laurens. Richd Hutson, 

William Henry Drayton, Thos. Haywood, jun. 

Jn° Matthews, 

On the part and in behalf of the State of Georgia : 

Jn° Walton, July 24, 1778, Edw d Langworthy. 

Edw d Telfair, 

The Articles of Confederation were adopted by the Continental Con- 
gress on the 17th of November, 1777, and were recommended to the 
consideration of the several States. The Articles were submitted to the 
several States, and the delegates from the States of New Hampshire, 
Massachusetts, Rhode Island, Connecticut, Xew York, Pennsylvania, 
Virginia, and South Carolina ratified the Articles on the 9th of July, 
1778. The delegates from the remaining States did not sign them on 
that date, but in the following order : 

North Carolina, July 21, 1778 ; 
Georgia, July 24, 1778 ; 
New Jersey, November 20, 1778 ; 
Delaware, May 5. 1779 ; and 
Maryland, March 1, 1781. 

Three and a half years elapsed after the adoption of the Articles by 
Congress before their ratification by all of the States. Congress met for 
the first time under the Confederation on March 2, 1781. 
3 



APPENDIX. 



DERIVATION AND EXPLANATION OF TERMS. 



All and singular is a phrase some- 
times used in law documents. It 
means all and each, or all or 
every person or thing. 

Set our hands. Documents re- 
quiring the signatures of several 
persons sometimes conclude with 
the form, "in witness whereof 
we have hereunto set our hands " ; 
that is, written their names. In 
former times it was the custom 



after signing an important docu- 
ment to impress a seal upon it 
and touch the seal with the finger 
or hand. 
Yeas and nays. Yea is yes and 
nay is no. In some assemblies 
voting is done by yea and nay. 
Members who vote for a proposal 
say yea, and members who vote 
against say nay. 



COXSTITUTIOX OF THE STATE OF KORTH 
CAROLINA. 

[Tlie first Constitution of Xorth Carolina, known as the " Halifax Con- 
stitution" isee page xvi). was adopted December 18, 1776. It was first 
amended in 1835, and was again amended in 1854 by legislative enact- 
ment, and in 1861 and in 1865-66 by conventions. A constitution was 
adopted in 1868, which made many changes in the constitution as it then 
existed. This was amended by a convention in 1875, and the amended 
constitution was adopted by a vote of the people in 1876, just one hun- 
dred years after the adoption of the first constitution. Usually the 
amended constitutions were framed by conventions and ratified by a vote 
of the people. Amendments in various sections have also been proposed 
by a vote of the legislature from time to time and adopted by the people. 
The Constitution presented here is the one now in force.] 

PREAMBLE. 

We, the people of the State of North Carolina, grateful to Almighty 
God, the Sovereign Ruler of nations, for the preservation of the American 
Union, and the existence of our civil, political, and religious liberties, 
and acknowledging our dependence upon Him for the continuance of 
those blessings to us and our posterity, do. for the more certain security 
thereof, and for the better government of this State, ordain and establish 
this Constitution. 

ARTICLE I. 

DECLARATION OK RIGHTS. 

That the great, general, and essential principles of liberty and free 
government may be recognized and established, and that the relations of 
this State to the Union and government of the United States, and those 
of the people of this State to the rest of the American people may be 
defined and affirmed, we do declare : 

THE EQUALITY AND BIGHTS OF MEN. 

- 1 ion 1. That we hold it to be self-evident that all men are created 
equal: that they are endowed by their Creator with certain inalienable 
rights; that among these are life, liberty, the enjoyment of the fruits of 
their own labor, and the pursuit of happiness. 



XXXVi APPENDIX. 

POLITICAL POWER AND GOVERNMENT. 

Sec. 2. That all political power is vested in, and derived from the 
people; all government of right originates from the people, is founded 
upon their will only, and is instituted solely for the good of the whole. 

INTERNAL GOVERNMENT OF THE STATE. 

Sec. 3. That the people of this State have the inherent, sole, and exclu- 
sive right of regulating the internal government and police thereof, and 
of altering and abolishing their constitution and form of government 
whenever it may be necessary for their safety and happiness; but every 
such right should be exercised in pursuance of law, and consistent with 
the Constitution of the United States. 

NO RIGHT TO SECEDE. 

Sec 4. That this State shall ever remain a member of the American 
Union; that the people thereof are part of the American Nation; that 
there is no right on the part of the State to secede, and that all attempts, 
from whatever source or upon whatever pretext, to dissolve said Union, 
or to sever said Nation, ought to be resisted with the whole power of the 
State. 

ALLEGIANCE TO THE UNITED STATES GOVERNMENT. 

Sec. 5. That every citizen of this State owes paramount allegiance to 
the Constitution and Government of the United States, and that no law 
or ordinance of the State in contravention or subversion thereof, can 
have any binding force. 

CERTAIN DEBTS AND BONDS DECLARED INVALID. 

Sec. 6. The State shall never assume or pay, or authorize the collec- 
tion of any debt or obligation, express or implied, incurred in aid of 
insurrection or rebellion against the United States, or any claim for the 
loss or emancipation of any slave; nor shall the General Assembly 
assume or pay, or authorize the collection of any tax to pay, either 
directly or indirectly, expressed or implied, any debt or bond incurred, 
or issued, by authority of the convention of the year one thousand eight 
hundred and sixty-eight, nor any debt or bond, incurred or issued by the 
legislature of the year one thousand eight hundred and sixty-eight, 
either at its special session of the year one thousand eight hundred and 
sixty-eight, or at its regular sessions of the years one thousand eight 
hundred and sixty-eight and one thousand eight hundred and sixty-nine, 
and one thousand eight hundred and sixty-nine and one thousand eight 
hundred and seventy, except the bonds issued to fund the interest on the 
old debt of the State, unless the proposing to pay the same shall have first 
been submitted to the people and by them ratified by the vote of a 



CONSTITUTION OF XORTH CAROLINA. xxxvii 

majority of all the qualified voters of the State, at a regular election held 
for that purpose. 

EXCLUSIVE EMOLUMENTS, ETC. 

Sec. ?. No man or set of men are entitled to exclusive or separate 
emoluments or privileges from the community but in consideration of 
public services. 

THE LEGISLATIVE, EXECUTIVE, AXD JUDICIAL POWERS DISTINCT. 

Sec. 8. The legislative, executive, and supreme judicial powers of the 
government ought to be forever separate and distinct from each other. 

THE POWER OF SUSPENDING LAWS. 

Sec 9. All power of suspending laws, or the execution of laws, by any 
authority, without the consent of the representatives of the people, is 
injurious to their rights, and ought not to be exercised. 

ELECTIONS FREE. 

Sec. 10. All elections ought to be free. 

CRIMINAL PROSECUTIONS. 

Sec. 11. In all criminal prosecutions, every man has the right to be 
informed of the accusation against him and to confront the accusers and 
witnesses with other testimony, and to have counsel for his defence, and 
not be compelled to give evidence against himself or to pay costs, jail 
fees, or necessary witness fees of the defence, unless found guilty. 

ANSWERS TO CRIMINAL CHARGES. 

Sec 12. No person shall be put to answer any criminal charge, except 
as hereinafter allowed, but by indictment, presentment, or impeachment. 

RIGHT OF JURY. 

Sec 13. Xo person shall be convicted of any crime but by the unani- 
mous verdict of a jury of good and lawful men in open court. The 
legislature may. however, provide other means of trial for petty mis- 
demeanors, with the right of appeal. 

EXCESSIVE BAIL. 

. 14. Excessive bail should not be required, nor excessive fines 
imposed, nor cruel nor unusual punishments inflicted. 

GENERAL WARRANTS. 

. 15. General warrants, whereby any officer or messenger may be 
commanded to search suspected places, without evidence of the act com- 
mitted, or to seize any person or persons not named, whose offence is not 
particularly described and supported by evidence, are dangerous to 
liberty and ought not to be granted. 



xxxv iii APPENDIX. 

IMPRISONMENT FOR DEBT. 

Sec. 16. There shall be no imprisonment for debt in this State, except 
in cases of fraud. 

NO PERSON TO BE TAKEN, ETC., BUT BY LAW OF THE LAND. 

Sec. 17. No person ought to be taken, imprisoned, or disseized of his 
freehold, liberties, or privileges, or outlawed, or exiled, or in any manner 
deprived of his life, liberty, or property, but by the law of the land. 

PERSONS RESTRAINED OF LIBERTY. 

Sec. 18. Every person restrained of his liberty is entitled to a remedy 
to inquire into the lawfulness thereof, and to remove the same, if unlaw- 
ful ; and such remedy ought not to be denied or delayed. 

CONTROVERSIES AT LAW RESPECTING PROPERTY. 

Sec 19. In all controversies at law respecting property, the ancient 
mode of trial by jury is one of the best securities of the rights of the 
people, and ought to remain sacred and inviolable. 

FREEDOM OF THE PRESS. 

Sec 20. The freedom of the press is one of the great bulwarks of 
liberty, and, therefore, ought never to be restrained, but every individual 
shall be held responsible for the abuse of the same. 

HABEAS CORPUS. 

Sec 21. The privileges of the writ of habeas corpus shall not be sus- 
pended. 

PROPERTY QUALIFICATIONS. 

Sec 22. As political rights and privileges are not dependent upon, or 
modified by, property, therefore no property qualification ought to affect 
the right to vote or hold office. 

REPRESENTATION AND TAXATION. 

Sec 23. The people of the State ought not to be taxed, or made subject 
to the payment of any impost or duty without the consent of themselves, 
or their representatives in General Assembly, freely given. 

MILITIA AND THE RIGHT TO BEAR ARMS. 

Sec. 24. A well regulated militia being necessary to the security of a 
free State, the right of the people to keep and bear arms shall not be 
infringed ; and, as standing armies in time of peace are dangerous to 
liberty, they ought not to be kept up, and the military should be kept 
under strict subordination to, and governed by, the civil power. Noth- 
ing herein contained shall justify the practice of carrying concealed 
weapons, or prevent the legislature from enacting penal statutes against 
said practice. 



CONSTITUTION OF NORTH CAROLINA. XXXIX 

RIGHT OF THE PEOPLE TO ASSEMBLE TOGETHER. 

Sec. 25. The people have a right to assemble together to consult for 
their common good, to instruct their representatives, aud to apply to the 
legislature for redress of grievances. But secret political societies are 
dangerous to the liberties of a free people, and should not be tolerated. 

RELIGIOUS LIBERTY. 

Sec. 26. All men have a natural and unalienated right to worship 
Almighty God according to the dictates of their own consciences, and 
no human authority should, in any case whatever, control or interfere 
with the rights of conscience. 

EDUCATION. 

Sec. 27. The people have the right to the privilege of education, and 
it is the duty of the State to guard and maintain that right. 

ELECTIONS SHOULD BE FREQUENT. 

Sec. 28. For redress of grievances, and for amending and strengthen- 
ing the laws, elections should be often held. 

RECURRENCE TO FUNDAMENTAL PRINCIPLES. 

Sir. 29. A frequent recurrence to fundamental principles is absolutely 
necessary to preserve the blessings of liberty. 

HEREDITARY EMOLUMENTS, ETC. 

Sec. 30. Xo hereditary emoluments, privileges, or honors ought to be 
granted or conferred in this State. 

PERPETUITIES, ETC. 

Sec 31. Perpetuities and monopolies are contrary to the genius of a 
free State, and ought not to be allowed. 

EX POST FACTO LAWS. 

Sec. 33. Retrospective laws, punishing acts committed before the 
existence of such laws, and by them only declared criminal, are op- 
pressive, unjust, and incompatible with liberty : wherefore, no ex post 
facto law onght to be made. No law taxing retrospectively sales, pur- 
chases, or other acts previously done, ought to be passed. 

SLAVERY PROHIBITED. 

Sec. 33. Slavery and involuntary servitude, otherwise than for crime, 
whereof the parties shall have been duly convicted, shall be, and are 
hereby, forever prohibited within the State. 

STATE BOUNDARIES. 

34. The limits and boundaries of the State shall be and remain 
as thev now are. 



Xl APPENDIX. 

COURTS SHALL BE OPEN. 

Sec. 35. All courts shall be open ; and every person, for an injury 
done him in his lands, goods, person or reputation, shall have remedy 
by due course of law, and right and justice administered without sale, 
denial, or delay. 

SOLDIERS IN TIME OF PEACE. 

Sec. 36. No soldier shall in time of peace be quartered in any house 
without the consent of the owner ; nor in time of war but in a manner 
prescribed by law. 

OTHER RIGHTS OF THE PEOPLE. 

Sec. 37. This enumeration of rights shall not be construed to impair 
or deny others retained by the people ; and all powers not herein dele- 
gated remain with the people. 

ARTICLE II. 

Legislative Department. 

two branches. 

Section 1. The legislative authority shall be vested in two distinct 

branches, both dependent on the people, to wit, a Senate and House 

of Representatives. 

time of assembling. 

Sec. 2. The Senate and House of Representatives shall meet bien- 
nially on the first Wednesday after the first Monday in January next 
after their election ; and when assembled shall be denominated the 
General Assembly. Neither House shall proceed upon public business 
unless a majority of all the members are actually present. 
number of senators. 

Sec. 3. The Senate shall be composed of fifty Senators, biennially 
chosen by ballot. 

REGULATIONS IN RELATION TO DISTRICTING THE STATE FOR SENATORS. 

Sec. 4. The Senate Districts shall be so altered by the General As- 
sembly, at the first session after the return of every enumeration by order 
of Congress, that each Senate District shall contain, as near as may be, 
an equal number of inhabitants, excluding aliens and Indians not taxed, 
and shall remain unaltered until the return of another enumeration, and 
shall at all times consist of contiguous territory ; and no county shall be 
divided in the formation of a Senate District, unless such county shall 
be equitably entitled to two or more Senators. 

REGULATIONS IN RELATION TO APPORTIONMENT OF REPRESENTATIVES. 

Sec. 5. The House of Representatives shall be composed of one hun- 
dred and twenty Representatives, biennally chosen by ballot, to be 



CONSTITUTION OF NORTH CAROLINA. xli 

elected by the counties respectively, according to their population, and 
each county shall have at least one representative in the House of Repre- 
sentatives, although it may not contain the requisite ratio of representa- 
tion : this apportionment shall be made by the General Assembly at the 
respective times and periods when the Districts of the Senate are herein- 
before directed to be laid off. 

RATIO OF REPRESENTATION. 

Sec. G. In making the apportionment in the House of Representatives, 
the ratio of representation shall be ascertained by dividing the amount of 
the population of the State, exclusive of that comprehended within those 
counties which do not severally contain the one hundred and twentieth 
part of the population of the State, by the number of Representatives, 
less the number assigned to such counties ; and in ascertaining the num- 
ber of the population of the State, aliens and Indians not taxed shall not 
be included. To each county containing the said ratio and not twice the 
said ratio, there shall be assigned one Representative ; to each county 
containing twice but not three times the said ratio, there shall be 
assigned two representatives, and so on progressively, and then the 
remaining Representatives shall be assigned severally to the counties 
having the largest fractions. 

QUALIFICATIONS FOR SENATORS. 

Sec. 7. Each member of the Senate shall not be less than twenty-five 
year? of age, shall have resided in the State as a citizen two years, and 
shall have usually resided in the District for which he is chosen, one year 
immediately preceding his election. 

QUALIFICATIONS FOR REPRESENTATIVES. 

Sec. 8. Each member of the House of Representatives shall be a quali- 
fied elector of the State, and shall have resided in the county for which 
he is chosen for one year immediately preceding his election. 

ELECTION OF OFFICERS. 

Sec. 9. In the election of all officers, whose appointment shall be con- 
ferred upon the General Assembly by the Constitution, the vote shall be 
viva voce. 

POWERS IN RELATION TO DIVORCE AND ALIMONY. 

10. The General Assembly shall have power to pass general laws 
regulating divorce and alimony, but shall not have power to grant a 
divorce or secure alimony in any individual case. 

PRIVATE LAWS IN RELATION TO NAMES OF PERSONS, ETC 

Sue. 11. The General Assembly shall not have power to pass any 
private law to alter the name of any person, or to legitimate any person 
not born in lawful wedlock, or to restore to the rights of citizenship any 



xlii APPENDIX. 

person convicted of an infamous crime, but shall have power to pass 
general laws regulating the same. 

THIRTY DAYS' NOTICE FOR THE PASSAGE OF PRIVATE LAWS. 

Sec 12. The General Assembly shall not pass any private law, unless 
it shall be made to appear that thirty days' notice of application to pass 
such a law shall have been given, under such direction, and in such 
manner as shall be provided by law. 

VACANCIES. 

Sec 13. If vacancies shall occur in the General Assembly by death, 
resignation, or otherwise, writs of election shall be issued by the 
Governor under such regulations as may be prescribed by law. 

revenue. 
Sec 14. No law shall be passed to raise money on the credit of the 
State, or to pledge the faith of the State, directly or indirectly, for the 
payment of any debt, or to impose any tax upon the people of the State, 
or to allow the counties, cities, or towns to do so, unless the bill for the 
purpose shall have been read three several times in each House of the 
General Assembly, and passed three several readings, which readings 
shall have been on three different days, and agreed to by each House 
respectively, and unless the yeas and nays on the second and third read- 
ing of the bill shall have been entered on the Journal. 

entails. 
Sec 15. The General Assembly shall regulate entails in such manner 
as to prevent perpetuities. 

journals. 

Sec 16. Each House shall keep a journal of its proceedings, which 
shall be printed and made public immediately after the adjournment of 
the General Assembly. 

PROTEST. 

Sec 17. Any member of either House may dissent from, and protest 
against, any act or resolve, which he may think injurious to the public, 
or any individual, and have the reasons of his dissent entered on the 
Journal. 

OFFICERS OF THE HOUSE. 

Sec 18. The House of Representatives shall choose their own speaker 
and other officers. 

PRESIDENT OF THE SENATE. 

Sec 19. The Lieutenant-Governor shall preside in the Senate, but 
shall have no vote unless it may be equally divided. 



CONSTITUTION OF NORTH CAROLINA. xliii 

OTHER SENATORIAL OFFICERS. 

Sec. 20. The Senate shall choose its other officers and also a speaker 
{pro tempore) in the absence of the Lieutenant-Governor, or when he 
shall exercise the office of Governor. 

STYLE OF THE ACTS. 

Sec. 81. The style of the acts shall be : ''The General Assembly of 
North Carolina do enact.'* 

POWERS OF THE GENERAL ASSEMBLY. 

Sec. 22. Each House shall be judge of the qualifications and elections 
of its own members, shall sit upon its own adjournment from day to 
day. prepare bills to be passed into laws: and the two Houses may also 
jointly adjourn to any future day. or other place. 

BILLS AND RESOLUTIONS TO BE READ THREE TIMES. 

. 23. All bills and resolutions of a legislative nature shall be read 
three times in each House, before they pass into laws, and shall be 
signed by the presiding officers of both Houses. 

OATH OF MEMBERS. 

2\. Each member of the General Assembly, before taking his 
scat, shall take an oath or affirmation that he will support the Constitu- 
tion and laws of the United States, and the Constitution of the State 
of North Carolina, and will faithfully discharge his duty as a member 
of the Senate or House of Representatives. 

TERMS OF OFFICE. 

Sec. 25. The terms of office for Senators and Members of the House 
of Representatives shall commence at the time of their election. 

YEAS AND NAYS. 

Sec. 26. Upon motion made and seconded in either House, by one- 
fifth of the members present, the yeas and nays upon any question shall 
be taken and entered upon the journals. 

ELECTION FOR MEMBERS OF THE GENERAL ASSEMBLY. 

Sec 27. The election for members of the General Assembly shall be 
held for the respective districts and counties, at the place- where they are 
now held, or may be directed hereafter to be held, in such manner as may 
be prescribed by law. on the first Thursday in August,* in the year one 
thousand eight hundred and seventy, and every two years thereafter. 
But the General Assembly may change the time of holding the elections. 

PAY Of MEMBERS AND OFFICERS OF THE GENERAL ASSEMBLY. 

The members of the General Assembly for the term for which 
they have been elected, shall receive ;i- a compensation for their services 

* Elections are now held on Tuesday after the first Monday in November. 



Xliv APPENDIX. 

the sum of four dollars per day for each day of their session, for a period 
not exceeding sixty days; and should they remain longer in session, they 
shall serve without compensation. They shall also be entitled to receive 
ten cents per mile, both while coming to the seat of government and 
while returning home, the said distance to be computed by the nearest 
line or route of public travel. The compensation of the presiding officers 
of the two Houses shall be six dollars per day and mileage. Should an 
extra session of the General Assembly be called, the members and pre- 
siding officers shall receive a like rate of compensation for a period not 
exceeding twenty days. 

ARTICLE III. 
Executive Department, 
officers of the executive department — terms of office. 
Section 1. The Executive Department shall consist of a Governor, in 
whom shall be vested the supreme executive power of the State, a Lieu- 
tenant-Governor, a Secretary of State, an Auditor, a Treasurer, a Super- 
intendent of Public Instruction, and an Attorney-General, who shall be 
elected for a term of four years by the qualified electors of the State, at 
the same time and places and in the same manner as members of the 
General Assembly are elected. Their term of office shall commence on 
the first day of January next after their election, and continue until their 
successors are elected and qualified. Provided, that the officers first 
elected shall assume the duties of their office ten days after the approval 
of this Constitution by the Congress of the United States, and shall hold 
their offices four years from and after the first day of January. 

QUALIFICATIONS OF GOVERNOR AND LIEUTENANT-GOVERNOR. 

Sec 2. No person shall be eligible as Governor or Lieutenant-Gov- 
ernor unless he shall have attained the age of thirty years, shall have 
been a citizen of the United States five years, and shall have been a resi- 
dent of this State for two years next before the election ; nor shall the 
person elected to either of these two offices be eligible to the same office 
more than four years in any term of eight years, unless the office shall 
have been cast upon him as Lieutenant-Governor or President of the 
Senate. 

RETURNS OF ELECTIONS. 

Sec 3. The return of every election for officers of the Executive 
Department shall be sealed up and transmitted to the seat of Government 
by the returning officers, directed, to the Speaker of the House of Repre- 
sentatives, who shall open and publish the same in the presence of a 
majority of the members of both Houses of the General Assembly. The 
persons having the highest number of votes respectively shall be declared 



CONSTITUTION OF NOETH CAROLINA. xlv 

dnly elected : but if two or more be equal and highest in votes for the 
same office, then one of them shall be chosen by joint ballot of both 
Houses of i lie General Assembly. Contested elections shall be determined 
by a joint ballot of both Houses of the General Assembly, in such manner 
sis shall be prescribed by law. 

OATU OF OFFICE FOR GOVERNOR. 

Sec 4. The Governor, before entering upon the duties of his office, 
shall, in the presence of the members of both branches of the General 
Assembly, or before any justice of the Supreme Court, take an oath or 
affirmation that he will support the Constitution and laws of the United 
States, and of the State of North Carolina, and that he will faithfully 
perform the duties appertaining to the office of Governor to which he has 
been elected. 

duties of governor. 

Sec. 5. The Governor shall reside at the seat of government of this 
State, and he shall, from time to time, give the. General Assembly infor- 
mation of the affairs of the State, and recommend to their consideration 
such measures as he shall deem expedient. 

REPRIEVES. COMMUTATIONS, AND PARDONS. 

Sec 6. The Governor shall have power to grant reprieves, commu- 
tations, and pardons, after conviction, for all offences (except in cases of 
impeachment), upon such conditions as he may think proper, subject to 
such regulations as may be provided by law relative to the manner of 
applying for pardons. lie shall biennially communicate to the General 
ibly each case of reprieve, commutation, or pardon granted, stating 
the name of each convict, the crime for which he was convicted, the sen- 
tence and its date, the date of commutation, pardon, or reprieve, and the 
- therefor. 

ANNUAL REPORTS REQUIRED. 

Sec 7. The officers of the Executive Department and of the public 
institutions of the State shall, at least five days previous to each regular 
session of the General Assembly, severally report to the Governor, who 
shall transmit such reports, with his message, to the General Assembly : 
and the Governor may. at any time, require information in writing from 
the officers in the Executive Department upon any subject relating to 
the duties of their respective officer-, and shall take care that the laws be 
faithfully executed. 

COMMANDER-IN-CHIEF. 

Sec 8. The Governor shall be Commander-in-Chief of the militia 
of the State, except when they shall be called into the service of the 
United States. 



xlvi APPENDIX. 

EXTRA SESSIONS OF GENERAL ASSEMBLY. 

Sec. 9. The Governor shall have power on extraordinary occasions, 
by and with the advice of the Council of State, to convene the Gen- 
eral Assembly in extra session by his proclamation, stating therein the 
purpose or purposes for which they are thus convened. 

OFFICERS WHOSE APPOINTMENTS ARE NOT OTHERWISE PROVIDED FOR. 

Sec. 10. The Governor shall nominate, and by and with the advice and 
consent of a majority of the Senators elect, and appoint all officers, whose 
offices are established by this Constitution, and whose appointments are 
not otherwise provided for. 

DUTIES OF THE LIEUTENANT-GOVERNOR. 

Sec. 11. The Lieutenant-Governor shall be President of the Senate, 
but shall have no vote unless the Senate be equally divided. He shall, 
whilst acting as President of the Senate, receive for his services the same 
pay which shall, for the same period, be allowed to the Speaker of the 
House of Representatives ; and he shall receive no other compensation 
except when he is acting as Governor. 

VACANCY IN OFFICE OF GOVERNOR OR LIEUTENANT-GOVERNOR. 

Sec 12. In case of the Impeachment of the Governor, his failure to 
qualify, his absence' from the State, his inability to discharge the duties 
of his office, or, in case the office of Governor shall in anywise become 
vacant, the powers, duties, and emoluments of the office shall devolve 
upon the Lieutenant-Governor until the disabilities shall cease, or a new 
Governor shall be elected and qualified. In every case in which the 
Lieutenant-Governor shall be unable to preside over the Senate, the Sen- 
ators shall elect one of their own number President of their body ; and 
the powers, duties, and emoluments of the office of Governor shall devolve 
upon him whenever the Lieutenant-Governor shall, for any reason, be 
prevented from discharging the duties of such office as above provided, 
and he shall continue as acting Governor until the disabilities are re- 
moved, or a new Governor or Lieutenant-Governor shall be elected and 
qualified. Whenever, during the recess of the General Assembly, it shall 
become necessary for the President of the Senate to administer the 
government, the Secretary of State shall convene the Senate, that they 
may elect such President. 

DUTIES OF OTHER EXECUTIVE OFFICERS. 

Sec. 13. The respective duties of the Secretary of State, Auditor, 
Treasurer, Superintendent of Public Instruction, and Attorney-General 
shall be prescribed by law. If the office of any of said officers shall be 
vacated by death, resignation, or otherwise, it shall be- the duty of the 
Governor to appoint another until the disability be removed or his sue- 



CONSTITUTION OF NORTH CAROLINA. xlvii 

cesser be elected and qualified. Every such vacancy shall be filled by 
election at the first general election that occurs more than thirty days 
after the vacancy has taken place, and the person chosen shall hold the 
office for the remainder of the unexpired term fixed in the first section of 
this article. 

COUNCIL OF STATE. 

S . 14. The Secretary of State. Auditor, Treasurer, and Superin- 
tendent of Public Instruction shall constitute, ex officio, the Council of 
State, who shall advise the Governor in the execution of his office, and 
three of whom shall constitute a quorum; their advice and proceedings 
in this capacity shall be entered in a Journal to be kept for this purpose 
exclusively, and signed by the members present, from any part of which 
any member may enter his dissent ; and such Journal shall be placed 
before the General Assembly when called for by either House. The 
Attorney-General shall be, ex officio, the legal adviser of the Executive 
Department. 

COMPENSATION OF EXECUTIVE OFFICERS. 

Sec. 15. The officers mentioned in this article shall, at stated periods, 
receive for their services a compensation to be established by law, which 
shall neither be increased or diminished during the time for which they 
shall have been elected, and the said officers shall receive no other enfolu- 
ment or allowance whatever. 

SEAL OF STATE. 

Sec 16. There shall be a seal of the State, which shall be kept by the 
Governor, and used by him as occasion may require, and shall be called 
" the Great Seal of the State of Xorth Carolina." All grants and com- 
missions shall be issued in the name and by the authority of the State of 
North Carolina, sealed with " the Great Seal of the State," signed by the 
Governor and countersigned by the Secretary of State. 

DEPARTMENT OF AGRICULTURE, IMMIGRATION, AND STATISTICS. 

Sep. 17. The General Assembly shall establish a Department of Agri- 
culture. Immigration, and Statistics, under such regulations as may best 
promote the agricultural interests of the State, and shall enact laws for 
the adequate protection and encouragement of sheep husbandry. 

ARTICLE IV. 
Judicial Department, 
no distinction between actions at law and suits in equity. 
ion 1. The distinctions between actions at law and suits in equity, 
and the forms of all such actions and suits, shall be abolished ; and there 
shall be in this State but one form of action, for the enforcement or pro- 
tection of private rights or the redress of private wrongs, which shall be 



xlviii APPENDIX. 

denominated a civil action ; and every action prosecuted by the people 
of the State as a party against a person charged with a public offence 
for the punishment of the same, shall be termed a criminal action. 
Feigned issues shall also be abolished, and the fact at issue tried by order 
of court before a jury. 

DIVISION OF JUDICIAL POWERS. 

Sec. 2. The judicial power of the State shall be vested in a Court for 
the trial of Impeachments, a Supreme Court, Superior Courts, Courts of 
Justices of the Peace, and such other Courts inferior to the Supreme 
Court as may be established by law. 

TRIAL COURT OF IMPEACHMENT. 

Sec. 3. The Court for the trial of Impeachments shall be the Senate. 
A majority of the members shall be necessary to a quorum, and the judg- 
ment shall not extend beyond removal from, and disqualification to hold 
office in, this State ; but the party shall be liable to indictment and 
punishment according to law. 

IMPEACHMENT. 

Sec 4. The House of Representatives solely shall have the power of 
impeaching. No person shall be convicted without the concurrence of 
two-thirds of the Senators present. When the Governor is impeached 
the Chief Justice shall preside. 

TREASON AGAINST THE STATE. 

Sec. 5. Treason against the State shall consist only in levying war 
against it, or adhering to its enemies, giving them aid and comfort. No 
person shall be convicted of treason unless on the testimony of two wit- 
nesses to the same overt act, or on confession in open court. No con- 
viction of treason or attainder shall work corruption of blood or for- 
feiture. 

SUPREME COURT JUSTICES. 

Sec. 6. The Supreme Court shall consist of a Chief Justice and two 
Associate Justices. 

TERMS OF THE SUPREME COURT. 

Sec. 7. The terms of the Supreme Court shall be held in the city of 
Raleigh, as now, until otherwise provided by the General Assembly. . 

JURISDICTION OF SUPREME COURT. 

Sec 8. The Supreme Court shall have jurisdiction to review, upon 
appeal, any decision of the courts below, upon any matter of law or legal 
inference. And the jurisdiction of said Court over " issues of fact," and 
" questions of fact " shall be the same exercised by it before the adoption 
of the Constitution of one thousand eight hundred and sixty-eight, and 
the Court shall have the power to issue any remedial writs necessary to 



CONSTITUTION OF NORTH CAROLINA. xllX 

give it a general supervision and control over the proceedings of the 
inferior courts. 

CLAIMS AGAINST THE STATE. 

Sec. 9. The Supreme Court shall have original jurisdiction to hear 
claims against the State, but its decisions shall be merely recommenda- 
tory : no process in the nature of execution shall issue thereon ; they 
shall be reported to the next session of the General Assembly for its 
action. 

JUDICIAL DISTRICTS FOR SUPERIOR COURTS. 

Sec 10. The State shall be divided into nine judicial districts, for 
each of which a Judge shall be chosen; and there shall be held a Supe- 
rior Court in each county at least twice in each year, to continue for 
such time in each county as may be prescribed by law. But the General 
Assembly may reduce or increase the number of districts." 

RESIDENCES OF JUDGES AND ROTATION IN JUDICIAL DISTRICTS. 

Sec 11. Every Judge of the Superior Court shall reside in the district 
for which he is elected. The Judges shall preside in the Courts of the 
different districts successively, but no Judge shall hold the Courts in the 
same district oftener than once in four years : but in case of the pro- 
tracted illness of the Judge assigned to preside in any district, or of any 
other unavoidable accident to him, by reason of which lie shall be unable 
to preside, the Governor may require any judge to hold one or more 
specified terms in said district, in lieu of the Judge assigned to hold the 
courts of the said district. 

JURISDICTION OF COURTS INFERIOR TO SUPREME COURT. 

Sec 12. The General Assembly shall have no power to deprive the 
Judicial Department of any power or jurisdiction which rightfully per- 
tains to it as a coordinate department of the government ; but the Gen- 
eral Assembly shall allot and distribute that portion of this power and 
jurisdiction which does not pertain to the Supreme Court, among the 
other courts prescribed in this Constitution, or which may be established 
by law, in such manner as it may deem best ; provide also a proper 
a of appeals ; and regulate by law, when necessary, the methods 
of proceeding in the exercise of their powers, of all the courts below the 
Supreme Court, so far as the same may be done without conflict with 
other provisions of this Constitution. 

IN CASE OF WAIVER OF TRIAL BY JURY. 

13. In all i-sues of fact, joined in any Court, the parties may 
waive the right to have the same determined by a jury ; in which case 
the finding of the Judge upon the facts shall have the force and effect of 
a verdict by a jury. 

* The nnmVr of district e ha? been increased to twelve. 



1 APPENDIX. 

SPECIAL COURTS IN CITIES. 

Sec. 14. The Gerieral Assembly shall provide for the establishment of 
Special Courts, for the trial of misdemeanors, in cities and towns, where 
the same may be necessary. 

CLERK OF SUPREME COURT. 

Sec. 15. The Clerk of the Supreme Court shall be appointed by the 
Court, and shall hold his office for eight years. 

ELECTION OF SUPERIOR COURT CLERK. 

Sec 16. A Clerk of the Superior Court for each county shall be elected 
by the qualified voters thereof, at the time and in the manner prescribed 
by law for the election of members of the General Assembly. 

TERM OF OFFICE. 

Sec 17. Clerks of the Superior Courts shall hold their offices for four 
years. 

FEES, SALARIES, AND EMOLUMENTS. 

Sec 18. The General Assembly shall prescribe and regulate the fees, 
salaries, and emoluments of all officers provided for in this Article, but 
the salaries of the Judges shall not be diminished during their continu- 
ance in office. 

WHAT LAWS ARE AND SHALL BE IN FORCE. 

Sec 19. The laws of Forth Carolina, not repugnant to this Constitu- 
tion, or the Constitution and laws of the United States, shall be in force 
until lawfully altered. 

LITIGATION PENDING WHEN THIS CONSTITUTION TAKES EFFECT. 

Sec 20. Actions at law and suits in equity, pending when this Con- 
stitution shall go into effect, shall be transferred to the Courts having 
jurisdiction thereof, without prejudice by reason of the change ; and all 
such actions and suits commenced before, and pending at the adoption 
by the General Assembly of the rules of practice and procedure herein 
provided for, shall be heard and determined according to the practice 
now in use, unless otherwise provided for by said rules. 

ELECTION OF JUSTICES OF SUPREME COURT. 

Sec 21. The Justices of the Supreme Court shall be elected by the 
qualified voters of the State, as is provided for the election of members 
of the General Assembly. They shall hold their offices for eight years. 
The Judges of the Superior Courts, elected at the first election under 
this amendment, shall be elected in like manner as is provided for Jus- 
tices of the Supreme Court, and shall hold their offices for eight years. 
The General Assembly may, from time to time, provide by law that the 
Judges of the Superior Courts, chose i at succeeding elections, instead of 



CONSTITUTION OF NORTH CAROLINA. li 

being elected by the voters of the whole State, as is herein provided for, 
shall be elected by the voters of their respective districts. 

TRANSACTION OF BUSINESS IN THE SUPERIOR COURTS. 

Sec. 22. The Superior Courts shall be, at all times, open for the trans- 
action of all business within their jurisdiction, except the trial of 
issues of fact requiring- a jury. 

SOLICITORS FOR EACH JUDICIAL DISTRICT. 

Sec. 23. A Solicitor shall be elected for each Judicial District by the 
qualified voters thereof, as is prescribed for members of the General 
Assembly, who shall hold office for the term of four years, and prosecute 
on behalf of the State, in all criminal actions in the Superior Courts, 
and advise the officers of justice in his district. 

SHERIFFS AND CORONERS. 

Sec. 24. In each county a Sheriff and Coroner shall be elected by the 
qualified voters thereof, as is prescribed for members of the General 
Assembly, and shall hold their offices for two years. In each township 
there shall be a Constable elected in like manner by the voters thereof, 
who shall bold his office for two years. When there is no Coroner in a 
county, the Clerk of the Superior Court for the county may appoint one 
for special cases. In case of a vacancy existing for any cause in any of 
the offices created by this section, the Commissioners of the county may 
appoint to such office for the unexpired term. 

A'ACANCTES. 

Sec 25. All vacancies occurring in the offices provided for by this 
Article of the Constitution shall be filled by the appointments of the 
Governor, unless otherwise provided for, and the appointees shall hold 
their places until the next regular election for members of the General 
bly, when elections shall be held to fill such offices. If any person, 
elected or appointed to any of said offices, shall neglect and fail to 
qualify, such offices shall be appointed to, held, and filled as provided in 
case of vacancies occurring therein. All incumbents of said offices shall 
hold until their successors are qualified. 

TERMS OF OFFICE OF FIRST OFFICERS UNDER THIS AHTICLE. 

S . 2G. The officers elected at the firsl election held under this Con- 
stitution shall hold their offices for the terms prescribed for them 
respectively, next ensuing after the next regular election for members of 
the General Assembly. But their terms shall begin upon the approval 
of this Constitution by the Congress of the United States. 

JURISDICTION OF JUSTICES OF THE PEACE. 

27. The several Justices of the Peace shall have jurisdiction, under 
such regulation- a< the General Assembly shall prescribe, of civil actions 



Hi APPENDIX. 

founded on contract, wherein the sum demanded shall not exceed two 
hundred dollars, and wherein the title to real estate shall not be in 
controversy; and of all criminal matters arising within their counties 
where the punishment cannot exceed a fine of fifty dollars or imprison- 
ment for thirty days. And the General Assembly may give to Justices 
of the Peace jurisdiction of other civil actions, wherein the value of the 
property in controversy does not exceed fifty dollars. When an issue 
of fact maybe joined before a Justice, on demand of either party thereto, 
he shall cause a jury of six men to be summoned, who shall try the same. 
The party against whom judgment shall be rendered in any civil action, 
may appeal to the Superior Court from the same. In all cases of a 
criminal nature, the party against whom judgment is given may appeal 
to the Superior Court, where the matter shall be heard anew. In all 
cases brought before a justice, he shall make a record of the proceedings, 
arid file the same with the Clerk of the Superior Court for his county. 

VACANCIES IN OFFICE OF JUSTICE. 

Sec. 28. When the office of Justice of the Peace shall become vacant 
otherwise than by expiration of the term, and in case of a failure by the 
voters of any District to elect, the Clerk of the Superior Court for the 
county shall appoint to fill the vacancy for the unexpired term. 

VACANCIES IN OFFICE OF SUPERIOR COURT CLERK. 

Sec. 29. In case the office of Clerk of a Superior Court for a county 
shall become vacant otherwise than by the expiration of the term, and in 
case of a failure by the people to elect, the Judge of the Superior Court 
for the county shall appoint to fill the vacancy until an election can be 
regularly held. 

OFFICERS OF OTHER COURTS INFERIOR TO SUPREME COURT. 

Sec. 30. In case the General Assembly shall establish other Courts 
inferior to the Superior Court, the presiding officers and clerks thereof 
shall be elected in such manner as the General Assembly may, from time 
to time, prescribe, and they shall hold their offices for a term not exceed- 
ing eight years. 

REMOVAL OF JUDGES OF THE VARIOUS COURTS FOR INABILITY. 

Sec. 31. Any Judge of the Supreme Court, or of the Superior Courts, 
and the presiding officers of such Courts inferior to the Supreme Court 
as may be established by law, may be removed from office for mental or 
physical inability, upon a concurrent resolution of two-thirds of both 
nouses of the General Assembly. The Judge or presiding officer, against 
whom the General Assembly may be about to proceed, shall receive 
notice thereof, accompanied by a copy of the causes alleged for his 



CONSTITUTION OF NORTH CAROLINA. liii 

removal, at least twenty days before the day on which either house of 
the General Assembly shall act thereon. 

REMOVAL OF CLERKS OF THE VARIOUS COURTS FOR INABILITY. 

Sec. 32. Any Clerk of the Supreme Court, or of the Superior Courts, 
or of such Courts inferior to th- Supreme Court as may be established by 
law. may be removed from office for mental or physical inability ; the 
Clerk of the Supreme Court by the Judges of said Courts, the Clerks of the 
Superior Courts by the Judge riding the district, and the Clerks of such 
Courts inferior to the Supreme Court as may be established by law, by the 
presiding officers of said Courts. The Clerk against whom proceedings 
are instituted shall receive notice thereof, accompanied by a copy of the 
causes alleged for his removal, at least ten days before the day appointed 
to act thereon, and the Clerk shall be entitled to an appeal to the next 
term of the Superior Court, and thence to the Supreme Court as provided 
in other cases of appeals. 

AMENDMENTS NOT TO VACATE EXISTING OFFICES. 

Sec. 33. The amendments made to the Constitution of North Carolina 
by this Convention shall not have the effect to vacate any office or term 
of office now existing under the Constitution of the State, and filled, or 
held, by virtue of any election or appointment under the said Constitu- 
tion and the laws of the State made in pursuance thereof. 

ARTICLE V. 

Revenue and Taxation. 

capitation tax — exemptions. 

Section 1. The General Assembly shall levy a capitation tax on every 

male inhabitant in the State over twenty-one and under fifty years of age, 

which shall be equal on each to the tax on property valued at three 

hundred dollars in cash. The commissioners of the several counties may 

exempt from capitation tax in special cases, on account of poverty and 

infirmity, and the State and county capitation tax combined shall never 

exceed two dollars on the head. 

APPLICATION OF PROCEEDS OF STATE AND COUNTY CAPITATION TAX. 

2. The proceeds of the State and county capitation tax shall be 
applied to the purposes of education and the support of the poor, but in 
no one year shall more than twenty-five per r-ent. thereof be appropriated 
to the latter purpose. 

TAXATION SHALL RE BY UNIFORM RULE AND AD VALOREM. 

'■>. Laws shall be passed taxing, by a uniform rule, all moneys, 
credit-., investment-; in bonds, stocks, joint-stock companies or other- 
wise : and also all real and personal property, according to its true 



liv - APPENDIX. 

value in money. The General Assembly may also tax trades, professions, 
franchises, and incomes, provided that no income shall be taxed when 
the property from which the income is derived is taxed. 

RESTRICTIONS UPON THE INCREASE OF THE PUBLIC DEBT. 

Sec. 4. Until the bonds of the State shall be at par, the General 
Assembly shall have no power to contract any new debt or pecuniary 
obligation in behalf of the State, except to supply a casual deficit, or for 
suppressing invasion or insurrection, unless it shall in the same bill levy 
a special tax to pay the interest annually. And the General Assembly 
shall have no power to give or lend the credit of the State in aid of 
any person, association, or corporation, except to aid in the completion 
of such railroads as may be unfinished at the time of the adoption of 
this Constitution, or in which the State has a direct pecuniary interest, 
unless the subject be submitted to a direct vote of the people of the 
State, and be approved by a majority of those who shall vote thereon. 

PROPERTY EXEMPTIONS FROM TAXATION. 

Sec 5. Property belonging to the State or to municipal corporations, 
shall be exempt from taxation. The General Assembly may exempt 
cemeteries, and property held for educational, scientific, literary, chari- 
table, or religious purposes; also, wearing apparel, arms for muster, 
household and kitchen furniture, the mechanical and agricultural imple- 
ments of mechanics and farmers, libraries and scientific instruments, or 
any other personal property, to the value not exceeding three hundred 
dollars. 

TAXES LEVIED BY COUNTY COMMISSIONERS. 

Sec 6. The taxes levied by the Commissioners of the several counties 
for county purposes, shall be levied in like manner with the State taxes, 
and shall never exceed the double of the. State tax, except for a special 
purpose, and with the special approval of the General Assembly. 

ACTS LEVYING TAXES SHALL STATE OBJECT, ETC 

Sec 7. Every act of the General Assembly levying a tax, shall state 
the special object to which it is to be applied, and it shall be applied to 
no other purpose. 

ARTICLE VI. 

Suffrage and Eligibilty to Office, 
qualifications of an elector. 
Section 1. Every male person born in the United States, and every 
male person who has been naturalized, twenty-one years old or upward, 
who shall have resided in the State twelve months next preceding the 
election, and ninety days in the county in which he offers to vote, 
shall be deemed an elector. But no person, who, upon conviction or 



CONSTITUTION Ov NORTH CAROLINA. lv 

confession in open Court, shall be adjudged guilty of felony, or any- 
other crime infamous by the laws of this State, and hereafter committed, 
shall be deemed an elector, unless such person shall be restored to the 
rights cf citizenship in a manner prescribed by law. 

REGISTRATION OF ELECTORS. 

Sec. 2. It shall be the duty of the General Assembly to provide, from 
time to time, for the registration of all electors; and no person shall be 
allowed to vote without registration, or to register, without first taking 
an oath or affirmation to support and maintain the Constitution and 
laws of the United States, and the Constitution and laws of North Caro- 
lina not inconsistent therewith. 

ELECTIONS BY PEOPLE AND GENERAL ASSEMBLY. 

Sec. 3. All elections by the people shall be by ballot, and all elections 
by the General Assembly shall be viva voce. 

OATH OF OFFICE. 

Sec. 4. Every voter, except as hereinafter provided, shall be eligible 
to office; but before entering upon the discharge of the duties of his 

office, he shall take and subscribe the following oath : "I, do 

solemnly swear (or affirm) that I will support and maintain the Constitu- 
tion and laws of the United States and the Constitution and laws of 
North Carolina not inconsistent therewith, and that I faithfully dis- 
charge the duties of my office. So help me God." 

DISQUALIFICATION FOR OFFICE. 

Sec. 5. The following classes of persons shall be disqualified for office: 
First, all persons who shall deny the being of Almighty God. Second, 
all persons who shall have been convicted of treason, perjury, or of any 
other infamous crime, since becoming citizens of the United States, or 
of corruption, or mal-practice in office, unless such person shall have 
been legally restored to the rights of citizenship. 

ARTICLE VII. 

Municip.a l Corporations. 

COUNTY OFFICERS. 

Section 1. In each county there shall be elected biennially by the quali- 
fied voters thereof, as provided for the election of members of the General 
Assembly, the following officers: a Treasurer, Register of Deeds, Sur- 
veyor, and five Commissioners. 

DUTY OF COUNTY COMMISSIONERS. 

. 2. It shall be the duty of the Commissioners to exercise a general 
supervision and control of the penal and charitable institutions, schools, 
roads, bridges, levying of taxes and finances of the county, as may be 



Ivi , APPENDIX. 

prescribed by law. The Register of Deeds shall be, ex officio, Clerk of 
the Board of Commissioners. 

COUNTIES TO BE DIVIDED INTO DISTRICTS. 

Sec. 3. It shall be the duty of the commissioners first elected in each 
county, to divide the same into convenient districts, to determine the 
boundaries and prescribe the name of the said districts, and to report 
the same to the General Assembly before the first day of January, 1869. 

SAID DISTRICTS SHALL HAVE CORPORATE POWERS AS TOWNSHIPS. 

Sec. 4. Upon the approval of the reports provided for in the foregoing 
section, by the General Assembly, the said Districts shall have corporate 
powers for the necessary purposes of local government, and shall be 
known as townships. 

OFFICERS OF TOWNSHIPS. 

Sec. 5. In each township there shall be biennially elected by the quali- 
fied voters thereof, a Clerk and two Justices of the Peace, who shall con- 
stitute a Board of Trustees, and shall, under the supervision of the County 
Commissioners, have control of the taxes and finances, roads and bridges 
of the townships, as may be prescribed by law. The General Assembly 
may provide for the election of a larger number of the Justices of the 
Peace in cities and towns, and in those townships in which cities and 
towns are situated. In every township there shall also be biennially 
elected a School Committee, consisting of three persons, whose duty shall 
be prescribed by law. 

TRUSTEES SHALL ASSESS PROPERTY. 

Sec. 6. The township Board of Trustees shall assess the taxable 
property of their townships and make return to the County Commissioners 
for revision, as may be prescribed by law. The Clerk shall be, ex officio, 
Treasurer of the township. 

NO DEBT OR LOAN EXCEPT BY A MAJORITY OF VOTERS. 

Sec 7. No county, city, town, or other municipal corporation shall 
contract any debt, pledge its faith, or loan its credit, nor shall any tax be 
levied, or collected by any officers of the same, except for the necessary 
expenses thereof, unless by a vote of tire majority of the qualified voters 
therein. 

DRAWING OF MONEY. 

Sec. 8. No money shall be drawn from any county or township treas- 
ury, except by authority of law. 

TAXES TO BE AD VALOREM. 

Sec. 9. All taxes levied by any county, city, town, or township, shall 
be uniform and ad valorem, upon all property in the same, except property 
exempted by this Constitution. 



CONSTITUTION OF NORTH CAROLINA. lvii 

WHEN OFFICERS ENTER ON DUTY. 

Sec. 10. The county officers first elected under the provisions of this 
Article, shall enter upon their duties ten days after the approval of this 
Constitution by the Congress of the United States. 

GOVERNOR TO APPOINT JUSTICES. 

Sec. 11. The Governor shall appoint a sufficient number of Justices of 
the Peace in each county, who shall hold their places until sections four, 
five, and six of this Article shall have been carried into effect. 

CHARTERS TO REMAIN IN FORCE UNTIL LEGALLY CHANGED. 

Sec. 12. All charters, ordinances and provisions relating to municipal 
corporations shall remain in force until legally changed, unless incon- 
sistent with the provisions of this Constitution. 

DEBTS IN AID OF THE REBELLION NOT TO BE PAID. 

Sec. 13. No county, city, town, or other municipal corporation, shall 
assume to pay. nor shall any tax be levied or collected for the payment 
of any debt, or the interest upon any debt, contracted directly or 
indirectly in aid or support of the rebellion. 

POWERS OF GENERAL ASSEMBLY OVER MUNICIPAL CORPORATIONS. 

Sbsc. 14. The General Assembly shall have full power by statute to 
modify, change, or abrogate any and all of the provisions of this Article, 
and substitute others in their place, except sections seven, nine and 
thirteen. 

[Under the provisions of this section, the following Act was passed in 
reference to County Governments:] 

AN ACT TO ESTABLISH COUNTY GOVERNMENTS. 

EVERY COUNTY IS A BODY POLITIC. 

Section 1. Tlie General Assemhhj of North Carolina do enact, Every 
county is a body politic and corporate, and shall have the powers 
prescribed by statute, and those necessarily implied by law, and no other. 

ELECTION. 

Sec. 2. In each county there shall be elected biennially, by the quali- 
fied voters thereof, as provided for the election of members of the General 
Assembly, a treasurer, register of deeds, and surveyor. Provided, hoivever, 
that a majority of the justices may abolish the office of treasurer, and 
thereupon the duties and liabilities now attached to the office shall 
devolve upon the sheriff. 

TOWNSHIPS MAY BE ALTERED AND CREATED. 

Si:r. 3. The townships heretofore created or hereafter established shall 
be distinguished by well-defined boundaries, and may be altered, and 
additional townships created by the board of county commissioners, but 



lviii APPENDIX. 

no township shall have or exercise any corporate powers whatever, unless 
allowed by act of General Assembly, to be exercised under the supervision 
of the board of county commissioners. 

JUSTICES OF THE PEACE. 

Sec. 4. The justices of the peace shall be elected by the General 
Assembly. The General Assembly at its present session shall elect three 
justices of the peace for each township in the several counties of the 
State, who shall be divided into three classes, and hold their offices for 
the terms of two, four, and six years respectively, but the successors of 
each class, as its term expires, shall be elected by the General Assembly 
for the term of six years. In addition to the justices of the peace above 
provided for, there shall be elected by the General Assembly, for each 
township in which any city or incorporated town is situated, one justice 
of the peace, and also one for every thousand inhabitants in such city or 
town, who shall hold their office for the term of six years. The Secretary 
of State shall certify to the Clerks of the Superior Courts of the several 
counties in the State a list of all justices of the peace elected for their 
several counties, with the terms for which they shall have been 
appointed, and this shall be their commission, and the Clerk of the 
Superior Court shall notify said justices of their appointment, who shall 
thereupon be entitled to enter upon the duties of their office, upon taking 
before the said clerk the oath of office now prescribed by law for justices 
of the peace. But the terms of those elected at the present session of the 
General Assembly shall begin at the expiration of the terms for which the 
justices of the peace now in office have been elected, and not before. 

GOVERNOR TO APPOINT. 

When new townships shall be established, if the General Assembly shall 
not be in session, the Governor shall appoint the justices of the peace 
therein, and they shall hold their offices until the next meeting of the 
General Assembly, and until their successors shall be elected and 
qualified. 

COMMISSIONERS — PROVISO. 

Sec 5. The justices of the peace for each county, on the first Monday 
in August, one thousand eight hundred and seventy-eight, and on the 
first Monday in August every two years thereafter, shall assemble at the 
court-house of their respective counties, and a majority being present, 
shall proceed to the election of not less than three nor more than five 
persons, to be chosen from the body of the county (including the justices 
of the peace), who shall be styled the board of commissioners for the 

county of , and shall hold their offices for two years from the 

date of their qualification, and until their successors shall be elected and 
qualified. But those elected on the first Monday in August, one thousand 



CONSTITUTION OF NORTH CAROLINA. lix 

eight hundred and seventy-eight, shall enter upon the duties of their 
office immediately upon the expiration of the term for which the board of 
countv commissioners now in office have been elected, and not before. 
They shall be qualified by taking the oath of office before the Clerk of the 
Superior Court, or some judge or justice of the peace, as now prescribed 
by law, and the register of deeds shall be, ex officio, clerk of the board of 
commissioners. Provided, however, that the board of commissioners 
shall not have power to levy taxes, to purchase real property, to remove 
or designate new sites for county buildings, to construct or repair 
bridges, the cost whereof may exceed five hundred dollars, or to borrow 
money for the county, nor alter or make additional townships, without 
the concurrence of a majority of the justices of the peace sitting with 
them : and for the purposes embraced in this proviso the justices of the 
peace of the county shall meet with the board of commissioners on the 
first Monday in August, one thousand eight hundred and seventy-eight, 
and annually thereafter, unless oftener convened by the board of commis- 
sioners, who are hereby empowered to call together the justices of the 
peace when necessary, not oftener than once in three months, but for such 
services the justices of the peace shall receive no compensation. 

JURISDICTION OF COMMISSIONERS. 

Sec. 6. The board of commissioners so elected shall have and exercise 
the jurisdiction and powers vested in the board of commissioners now 
existing, and also those vested in and exercised by the board of trustees 
of the several townships, except as may hereafter be prescribed by law ; 
and they shall hold their sessions as may be prescribed by law. 

ABROGATED. 

Sec. 7. All the provisions of article seven of the Constitution incon- 
sistent with this Act, except those contained in sections seven, nine, and 
thirteen, are hereby abrogated, and the provisions of this Act substituted 
in their place. Subject, however, to the power of the General Assembly to 
alter, amend, or abrogate the provisions of this Act, and to substitute 
others in their stead, as provided for in section fourteen of article seven 
of the Constitution. 

8. This Act shall take effect from and after its ratification. 

Ratified the 27th day of February, a.d. 1877. 

ARTICLE VIII. 

Corporations other than Municipal. 

corporations undeb general laws. 

Section 1. Corporations may be formed under general laws, but shall 

not be created by special act, except for municipal purposes, and in cases 



lx APPENDIX. 

where, in the judgment of the Legislature, the object of the corporations 
cannot be attained under general laws. All general laws and special 
acts, passed pursuant to this section, may be altered from time to time, 
or repealed. 

DEBTS OF CORPORATIONS — HOW SECURED. 

Sec. 2. Dues from corporations shall be secured by such individual 
liabilities of the corporations and other means, as may be prescribed by 
law. 

WHAT CORPORATIONS SHALL INCLUDE. 

Sec 3. The term corporation, as used in this Article, shall be con- 
strued to include all associations and joint-stock companies, having any 
of the powers and privileges of corporations, not possessed by individuals 
or partnerships. And all corporations shall have the right to sue, and 
shall be subject to be sued in all courts, in like cases as natural persons. 

LEGISLATURE TO PROVIDE FOR ORGANIZING CITIES, TOWNS, ETC. 

Sec 4. It shall be the duty of the Legislature to provide for the 
organization of cities, towns, and incorporated villages, and to restrict 
their power of taxation, assessment, borrowing money, contracting debts 
and loaning their credit, so as to prevent abuses in assessment and in 
contracting debts by such municipal corporations. 

ARTICLE IX. 

Education. 

education shall be encouraged. 

Section 1. Religion, morality, and knowledge being necessary to good 

government and the happiness of mankind, schools and the means of 

education shall forever be encouraged. 

GENERAL ASSEMBLY SHALL PROVIDE FOR SCHOOLS — SEPARATION OF 
THE RACES. 

Sec 2. The General Assembly, at its first session under this Constitu- 
tion, shall provide by taxation and otherwise, for a general and uniform 
system of public schools, wherein tuition shall be free of charge to all 
the children of the State between the ages of six and twenty-one years. 
And the children of the white race and the children of the colored race 
shall be taught in separate public schools ; but there shall be no discrimi- 
nation in favor of, or to the prejudice of either race. 

COUNTIES TO BE DIVIDED INTO DISTRICTS. 

Sec 3. Each county of the State shall be divided into a convenient 
number of districts, in which one or more public schools shall be main- 
tained at least four months in every year; and if the commissioners of 



CONSTITUTION OF NORTH CAROLINA. lxi 

any county shall fail to comply with the aforesaid requirements of this 
section, they shall be liable to indictment. 

WHAT PROPERTY SHALL BE DEVOTED TO EDUCATIONAL PURPOSES. 

Sec. 4. The proceeds of all lands that have been or hereafter may be 
granted by the United States to this State, and not otherwise appropri- 
ated by this State or the United States; also, all moneys, stocks, bonds, 
and other property, now belonging to any State fund for purposes of 
education: also the net proceeds of all sales of the swamp lands belong- 
ing to the State, and all other grants, gifts, or devises, that have been or 
hereafter may be made to the State, and not otherwise appropriated by 
the State, or by the term of the grant, gift, or devise, shall be paid into 
the State treasury: and, together with so much of the ordinary revenue 
of the State as may be by law set apart for that purpose, shall be faith- 
fully appropriated for establishing and maintaining in this State a sys- 
tem of free public schools, and for no other uses or purposes whatsoever. 

COLXTY SCHOOL FUND — PROVISO. 

Sec 5. All moneys, stocks, bonds, and other property, belonging to a 
county school fund: also, the net proceeds from the sale of estrays; also, 
the clear proceeds of all penalties and forfeitures, and of all fines col- 
lected in the several counties for any breach of the penal or military 
laws of the State: and all moneys which shall be paid by persons as an 
equivalent for exemption from military duty, shall belong to and remain 
in the several counties, and shall be faithfully appropriated for establish- 
ing and maintaining free public schools in the several counties of this 
State. Provided, that the amount collected in each county shall be annu- 
ally reported to the Superintendent of Public Instruction. 

THE UNIVERSITY — ELECTION OF TRUSTEES — MAINTENANCE. 

. G. The General Assembly shall have power to provide for the elec- 
tion of Trustees of the University of North Carolina, in whom, when 
chosen, shall be vested all the privileges, rights, franchises, and endow- 
ments thereof, in anywise granted to or conferred upon the Trustees of 
said University: and the General Assembly may make such provisions, 
laws, and regulations from time to time, as may be necessary and expedi- 
ent for the maintenance and management of said University. 

BENEFITS OF THE UNIVERSITY. 

Sec 7. The General Assembly -hall provide that the benefits of the 
University, as far a? practicable, be extepded to the youth of the State 
expense for tuition; also, that all the property which has hereto- 
fore accrued to the Stale, or shall hereafter accrue, from escheats, 
unclaimed dividends, <>r distributive shares of the estates of deceased 
per>ons. shall be appropriated to the use of the University. 



lxii APPENDIX. 

BOARD OP EDUCATION. 

Sec. 8. The Governor, Lieutenant-Governor, Secretary of State, Treas- 
urer, Auditor, Superintendent of Public Instruction and Attorney-Gen- 
eral, shall constitute a State Board of Education. 

PRESIDENT AND SECRETARY. 

Sec 9. The Governor shall be President, and the Superintendent of 
Public Instruction shall be Secretary of the Board of Education. 

POWER OP BOARD. 

Sec. 10. The Board of Education shall succeed to all the powers and 
trusts of the President and Directors of the Literary Fund of North 
Carolina, and shall have full power to legislate and make all needful 
rules and regulations in relation to free public schools and the educa- 
tional fund of the State; but all acts, rules, and regulations of said Board 
may be altered, amended or repealed by the General Assembly, and when 
so altered, amended or repealed, they shall not be re-enacted by the 
Board. 

FIRST SESSION OF BOARD. 

Sec 11. The first session of the Board of Education shall be held at 
the capital of the State, within fifteen days after the organization of 
the State government under this Constitution; the time of future meet- 
ings may be determined by the Board. 

QUORUM. 

Sec 12. A majority of the Board shall constitute a quorum for the 
transaction of business. 

EXPENSES. 

Sec 13. The contingent expenses of the Board shall be provided by 
the General Assembly. 

AGRICULTURAL DEPARTMENT. 

Sec 14. As soon as practicable after the adoption of this Constitution, 
the General Assembly shall establish and maintain, in connection with 
the University, a department of Agriculture, of Mechanics, of Mining, 
and of Normal Instruction. 

CHILDREN MUST ATTEND SCHOOL. 

Sec 15. The General Assembly is hereby empowered to enact that 
every child, of sufficient mental and physical ability, shall attend the 
public schools during the period between the ages of six and eighteen 
years, for a term of not less than sixteen months, unless educated by 
other means. 



CONSTITUTION OF XORTII CAROLINA. lxiil 

ARTICLE X. 

Homesteads and Exemptions. 

exemption. 

Section 1. The personal property of any resident of this State, to the 

value of five hundred dollars, to be selected by such resident, shall be, 

and is hereby exempted from sale under execution, or other final process 

of any court, issued for the collection of any debt. 

HOMESTEAD. 

Sec. 2. Every homestead, and the dwellings and buildings used there- 
with, not exceeding in value one thousand dollars, to be selected by the 
owner thereof, or in lieu thereof, at the option of the owner, any lot in a 
city, town, or village, with the dwelling and buildings used thereon, 
owned and occupied by any resident of this State, and not exceeding the 
value of one thousand dollars, shall be exempt from sale under execution, 
or other final process obtained on any debt. But no property shall be 
exempt from sale for taxes, "or for payment of obligations contracted for 
the purchase of said premises. 

HOMESTEAD EXEMPTED FROM DEBT. 

Sec. 3. The homestead, after the death of the owner thereof, shall be 
exempt from the payment of any debt during the minority of his children 
or any one of them. 

LABORER'S LIEN. 

Sec. 4. The provisions of sections one and two of this Article shall 
not be so construed as to prevent a laborer's lien for work done and per- 
formed for the person claiming such exemption, or a mechanic's lien for 
work done on the premises. 

BENEFIT OF WIDOW. 

Sec. 5. If the owner of a homestead die, leaving a widow but no chil- 
dren, the same shall bo exempt from the debts of her husband, and the 
rents and profits thereof shall inure to her benefit during her widowhood, 
unless she be the owner of a homestead in her own right. 

PROPERTY OF A HARRIED FEMALE SECURED TO HER. 

Sec. 6. The real and personal property of any female in this State, 
acquired before marriage, and all property, real and personal, to which 
she may, after marriage, become in any manner entitled, shall be and 
remain the sole and separate estate and property of such female, and 
shall not be liable for any debts, obligation?, or engagements of her hus- 
band, and may be devised and bequeathed, and. with the written assent 
of her husband, conveyed by her as if Bhe were unmarried. 



Ixiv APPENDIX. 

HUSBAND MAY INSURE HIS LIFE FOE, WIFE AND CHILDREN. 

Sec. 7. The husband may insure his own life for the sole use and bene- 
fit of his wife and children, and in case of the death of the husband, the 
amount thus insured shall be paid over to the wife and children, or to the 
guardian, if under age, for her or their own use, free from all the claims 
of the representatives of her husband, or any of his creditors. 

HOW DEED FOR HOMESTEAD MAY BE MADE. 

■ Sec. 8. Nothing contained in the foregoing sections of this Article 
shall operate to prevent the owner of a homestead from disposing of the 
same by deed ; but no deed made by the owner of a homestead shall be 
valid without the voluntary signature and assent of his wife, signified on 
her private examination according to law. 

ARTICLE XI. 
Punishments, Penal Institutions, and Public Charities, 
punishments — convict labor — proviso. 
Section 1. The following punishments only shall be known to the laws 
of this State, viz., death, imprisonment, with or without hard labor, 
fines, removal from office, and disqualification to hold and enjoy any 
office of honor, trust, or profit under this State. The foregoing provision 
for imprisonment with hard labor shall be construed to authorize the 
employment of such convict labor on public works, or highways, or other 
labor for public benefit, and the farming out thereof, where, and in such 
manner as may be provided by law; but no convict shall be farmed out 
who has been sentenced on a charge of murder, manslaughter, rape, 
attempt to commit rape, or arson. Provided, that no convict whose labor 
may be farmed out, shall be punished for any failure of duty as a laborer, 
except by a responsible officer of the State, but the convicts so farmed 
out shall be at all times under the supervision and control, as to their 
government and discipline, of the Penitentiary Board or some officer of 
this State. 

DEATH PUNISHMENT. 

Sec 2. The object of punishments being not only to satisfy justice, 
but also to reform the offender, and thus prevent crime, murder, arson, 
burglary, and rape, and these only, may be punishable with death, if 
the General Assembly shall so enact. 

PENITENTIARY. 

Sec 3. The General Assembly shall, at its first meeting, make provi- 
sion for the erection and conduct of a State's Prison or Penitentiary, at 
some central and accessible point within the State. 



CONSTITUTION OF NORTH CAROLINA. Ixv 

HOUSES OF CORRECTION. 

Sec. 4. The General Assembly may provide for the erection of Houses 
of Correction, where vagrants and persons guilty of misdemeanors shall 
be restrained and usefully employed. 

HOUSES OF REFUGE. 

Sec. 5. A House, or Houses of Refuge may be established whenever 
the public interest may require it. for the correction and instruction of 
otiier classes of offenders. 

THE SEXES TO BE SEPARATED. 

Sec. 6 It shall be required by competent legislation, that the struct- 
ure and superintendence of penal institutions of the State, the county 
jails, and city police prisons, secure the health and comfort of the prison- 
ers, and that male and female prisoners be never confined in the same 
room or cell. 

PROVISION FOR THE POOR AND ORPHANS. 

Sbc. T. Beneficent provision for the poor, the unfortunate, and orphan 
being one of the first duties of a civilized and Christian State, the General 
Assembly shall, at its first session, appoint and define the duties of a 
Board of Public Charities, to whom shall be entrusted the supervision of 
all charitable and penal State institutions, and who shall annually report 
to the Governor upon their condition, with suggestions for their improve- 
ment. 

ORPHAN HOUSES. 

8. There shall also, as soon as practicable, be measures devised 
by the State, for the establishment of one or more Orphan Houses, where 
destitute orphans may be cared for, educated, and taught some business 
or trade. 

INEBRIATES AND IDIOTS. 

Sec. D. It shall be the duty of the Legislature, as soon as practicable, 
to devise means for the education of idiots and inebriates. 

DEAF MUTES, BLIND, AND INSANE. 

S . 10. The General Assembly may provide that the indigent deaf 
mutes, blind, and insane of the State shall be cared for at the charge of 
s ate. 

8ELF-8UPPOKTENG. 

11. It shall be steadily kept in view by the Legislature, and the 
Board of Public Charities, that all penal and charitable institutions should 
be made as nearly self-supporting as is consistent with the purposes of 
their creation. 



lxvi APPENDIX. 

ARTICLE XII. 

Militia. 

who are liable to militia duty. 

Section 1. All able-bodied male citizens of the State of North Caro- 

lina f between the ages of twenty-one and forty years, who are citizens of 

the United States, shall be liable to duty in the militia. Provided, that 

all persons who may be averse to bearing arms, from religious scruples, 

shall be exempt therefrom. 

ORGANIZING, ETC. 

Sec. 2. The General Assembly shall provide for the organizing, arm- 
ing, equipping, and discipline of the militia, and for paying the same, 
when called into active service. 

GOVERNOR SHALL BE COMMANDER-IN-CHIEF. 

Sec. 3. The Governor shall be Commander-in-Chief, and shall have 
power to call out the militia to execute the law, suppress riots or insur- 
rection, and to repel invasion. 

EXEMPTIONS. 

Sec. \. The General Assembly shall have power to make such exemp- 
tions as may be deemed necessary, and to enact laws that may be expe- 
dient for the government of the militia. 

ARTICLE XIII. 
% Amendments. 

convention — how called. 

Section 1. No Convention of the people of this State shall ever be 
called by the General Assembly, unless by concurrence of two-thirds of 
all the members of each House of the General Assembly, and except the 
proposition, Convention or No Convention, be first submitted to the 
qualified voters of the whole State, at the next general election in a 
manner to be prescribed by law. And should a majority of the votes 
cast be in favor of said Convention, it shall assemble on such day as 
may be prescribed by the General Assembly. 

HOW THE CONSTITUTION MAY BE ALTERED. 

Sec. 2. No part of the Constitution of this State shall be altered, 
unless a bill to alter the same shall have been agreed to by three-fifths of 
each House of the General Assembly. And the amendment or amend- 
ments so agreed to shall be submitted at the next general election to the 
qualified voters of the whole State, in such manner as may be prescribed 
by law. And in the event of their adoption by a majority of the votes 
cast, such amendment or amendments shall become a part of the Consti- 
tution of this State. 



CONSTITUTION OF NORTH CAROLINA. lxvii 

ARTICLE XIV. 
Miscellaneous. 

INDICTMENtS. 

Section 1. All indictments which shall have been found, or may here- 
after be found, for any crime or offence committed before this Constitu- 
tion takes effect, may be proceeded upon in the proper Courts, but no 
punishment shall be inflicted which is forbidden by this Constitution. 

PES ALT Y FOR FIGHTING A DUEL. 

Sec. "2. No person who shall hereafter fight a duel, or assist in the 
same as a second, or send, accept, or knowingly carry a challenge there- 
for, or agree to go out of the State to fight a duel, shall hold any office 
in this State. 

DRAWING MONEY. 

Sec 3. No money shall be drawn from the treasury but in conse- 
quence of appropriations made by law; and an accurate account of the 
receipts and expenditures of the public money shall be annually pub- 
lished. 

mechanics' lien. 

Sec 4. The General Assembly shall provide, by proper legislation, for 
giving to mechanics and laborers an adequate lien on the subject matter 
of their labor. 

GOVERNOR TO MAKE APPOINTMENTS. 

Sec 5. In the absence of any contrary provision, all officers of the 
State, whether heretofore elected, or appointed by the Governor, shall 
hold their positions only until other appointments are made by the Gov- 
ernor, or. if the officers are elective, until their successors shall have 
been chosen and duly qualified according to the provisions of this Con- 
stitution. 

SEAT OF GOVERNMENT. 

6. The seat of government in this State shall remain at the City 
of Raleigh. 

HOLDING OFFICE. 

- . 7. No person, who shall hold any office or place of trust or profit 
under the United States or any department thereof, or under this State, 
or under any other State, or government, shall hold or exercise any 
other office or place of trust or profit under the authority of this State, 
or be eligible to a seat in either House of the General Assembly. Pro- 
vided, that nothing herein contained shall extend to officers in the 
militia. Justices of the Peace. Commissioners of Public Charities, or 
commissioners for special purj 



lxviii 



APPENDIX. 



INTERMARRIAGE OF WHITES AND NEGROES PROHIBITED. 

Sec. 8. All marriages between a white person and a negro, or between 
a white person and a person of negro descent, to the third generation 
inclusive, are hereby forever prohibited. 



DERIVATION AND EXPLANATION OF TERMS. 



Appointee. A person who is ap- 
pointed to any place or office. 

Constituents. (Latin con, togeth- 
er, and statuere, to place, to set.) 
The persons^who elect a repre- 
sentative. The voters of a con- 
gressional district are the constit- 
uents of the congressman elected 
for the district. 

Duel. (Latin duo, two.) A fight 
with arms between two persons. 
A duel is usually arranged by 
challenge. Duelling was at one 
time not uncommon in England 
and the United States. It is now 
prohibited by law in both coun- 
tries. 

Escheat. (French echoir, to fall 
to the lot of."* When the owner 
of property dies, and there is no 
heir, the property escheats ; that 
is, falls to the lot of, or becomes 
the property of, the State or 
government. 

Estray. A tame animal of value 
found wandering, or straying, 
without an owner. 



Flee from justice. To leave a 
country in order to escape pun- 
ishment for crime. A person who 
does this is called a fugitive from 
justice. 

Preamble. (Latin pre, before, 
and ambulare, to walk, to go.) 
The introductory portion or para- 
graph of a constitution, or law, 
in which the intent or object of it 
is briefly stated. The part which 
goes before the main body of the 
document. 

Secret Political Societies are 
political societies whose meetings 
are held, and whose business is 
transacted, in secret, and whose 
members are bound by pledge or 
oath of secresy. The Constitu- 
tion of North Carolina declares 
such societies "dangerous to the 
liberties of a free people." 

Writ of Election. A writ or order 
directing or requiring an election 
to be held. 



THE CONSTITUTION OF 
THE OITED STATES OF AMERICA. 



We. the people of the United States, in order to form a more perfect 
Union, establish Justice, insure domestic Tranquillity, provide for the 
common defence, promote the general Welfare, and secure the Bless- 
ings of Liberty to ourselves and our Posterity, do ordain and estab- 
lish this Constitution for the United States of America. 

ARTICLE I.— THE LEGISLATIVE DEPARTMENT. 

Section 1. All legislative Powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate and 
House of Representatives. 

Section 2. The House of Representatives shall be composed of Mem- 
bers chosen every second Year by the People of the several States, and 
the Electors in each State shall have the Qualifications requisite for 
Electors of the most numerous Branch of the State Legislature. 

No Person shall be a Representative who shall not have attained to the 
Age of twenty-five Years, and been seven Years a Citizen of the United 
States, and who shall not, when elected, be an Inhabitant of that State 
in which he shall be chosen. 

Representatives and direct Taxes shall be apportioned among the sev- 
eral States which may be included within this Union, according to their 
respective Numbers.! which shall be determined by adding to the whole 
Number of free Persons, including those bound to Service for a Term of 
Years, and excluding Indians not taxed, three-fifths of all other Per- 
sons. X The actual Enumeration shall be made within three Years after 

*This is an exact copy of the original in punctuation, ppelling, and capitals. 

+ Under the census of 1890 one representative is allowed for every 173,900 persons. 

t " Other persous M refers to slaves. See Amendments, Art. XIV., Sections 1 and 2, 



lxx APPENDIX. 

the first meeting of the Congress of the United States, and within every 
subsequent Term of ten Years, in such Manner as they shall by Law- 
direct. The Number of Representatives shall not exceed one for every 
thirty Thousand, but each State shall have at Least one Representative ; 
and until such enumeration shall be made, the State of New Hampshire 
shall be entitled to chuse three, Massachusetts eight, Rhode-Island and 
Providence Plantations one, Connecticut five, New York six, New Jer- 
sey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, 
North Carolina five, South Carolina five, and Georgia three. 

When vacancies happen in the Representation from any State, the Ex- 
ecutive Authority thereof shall issue Writs of Election to fill such Vacan- 
cies. 

The House of Representatives shall chuse their Speaker and other 
officers ; * and shall have the sole power of Impeachment. 

Section 3. The Senate of the United States shall be composed of two 
Senators from each State, chosen by the Legislature thereof, for six 
Years ; and each Senator shall have one Vote. 

Immediately after they shall be assembled in Consequence of the first 
Election, they shall be divided as equally as may be into three Classes. 
The Seats of the Senators of the first Class shall be vacated at the Expira- 
tion of the second Year, of the second Class at the Expiration of the 
fourth Year, and of the third class at the Expiration of the sixth Year, 
so that one-third may be chosen every second year; and if Vacancies 
happen by Resignation, or otherwise, during the Recess of the Legis- 
lature of any State, the Executive thereof may make temporary Appoint- 
ments until the next Meeting of the Legislature, which shall then fill 
such Vacancies. 

No person shall be a Senator who shall not have attained to the Age of 
thirty Years, and been nine Years a Citizen of the United States, and 
who shall not, when elected, be an Inhabitant of that State for which he 
shall be chosen. 

The Vice President of the United States shall be President of the 
Senate, but shall have no Vote, unless they be equally divided. 

The Senate shall chuse their other Officers, and also a President, pro 
tempore, in the Absence of the Vice President, or when he shall exercise 
the Office of President of the United States. 

The Senate shall have the sole Power to try all Impeachments. When 
sitting for that Purpose, they shall be on Oath or Affirmation. When the 
President of the United States is tried, the Chief Justice shall preside : 

*The principal of these are the clerk, sergeant-at-arms, door-keeper, and postmaster. 



CONSTITUTION OF THE UNITED STATES. Ixxi 

And no Person shall be convicted without the Concurrence of two-thirds 
of the Members present. 

Judgment in Cases of Impeachment shall not extend further than to 
removal from Office, and Disqualification to hold and enjoy any Office 
of Honour. Trust or Profit under the United States : but the Party con- 
victed shall nevertheless be liable and subject to Indictment, Trial, Judg- 
ment and Punishment, according to Law. 

Section 4. The Times, Places and Manner of holding Elections for 
Senators and Representatives, shall be prescribed in each State by the 
Legislature thereof ; but the Congress may at any time by Law make or 
alter such Regulations, except as to the places of chusing Senators. 

The Congress shall assemble at least once in every Year, and such 
Meeting shall be on the first Monday in December, unless they shall by 
Law appoint a different Day. 

Section 5. Each House shall be the Judge of the Elections, Returns and 
Qualifications of its own Members, and a Majority of each shall consti- 
tute a Quorum to do Business; but a smaller Number may adjourn from 
day to day, and may be authorized to compel the Attendance of absent 
Members, in such Manner, and under such Penalties as each House may 
provide. 

Each House may determine the Rules of its Proceedings, punish its 
Members for disorderly Behaviour, and, with the Concurrence of two- 
thirds, expel a Member. 

Each House shall keep a Journal of its Proceedings, and from time to 
time publish the same, excepting such Parts as may in their Judgment 
require Secrecy ; and the Yeas and Nays of the Members of either House 
on any question shall, at the Desire of one-fifth of those Present, be 
entered on the Journal. 

Neither House, during the Session of Congress, shall, without the Con- 
sent of the other, adjourn for more than three days, nor to any other 
Place than that in which the two Houses shall be sitting. 

Section- 6. The Senators and Representatives shall receive a Com- 
pensation* for their Services, to be ascertained by Law, and paid out of 
the Treasury of the United States. They shall in all Cases, except 
Treason, Felony and Breach of the Peace, be privileged from Arrest 
during their Attendance at the Session of their respective Houses, and in 
going to and returning from the same ; and for any Speech or Debate in 
either House, they shall not be questioned in any other Place. 

* The present compensation is §5,000 a year, and an allowance of 20 cents for every 
mile of travel to and from the national capital. 



lxxii APPENDIX. 

No Senator or Representative shall, during the Time for which he was 
elected, be appointed to any civil Office under the Authority of the 
United States, which shall have been created, or the Emoluments whereof 
shall have been increased during such time ; and no Person holding any 
Office under the United States, shall be a Member of either House during 
his Continuance in Office. 

Section 7. All Bills for raising Revenue shall originate in the House 
of Representatives ; but the Senate may propose or concur with Amend- 
ments as on other Bills. 

Every Bill which shall have passed the House of Representatives and 
the Senate, shall, before it become a Law, be presented to the President 
of the United States ; If he approve he shall sign it, but if not he shall 
return it, with his Objections to the House in which it shall have origi- 
nated, who shall enter the Objections at large on their Journal, and pro- 
ceed to reconsider it. If after such Reconsideration two-thirds of that 
House shall agree to pass the Bill, it shall be sent, together with the 
Objections to the other House, by which it shall likewise be reconsidered, 
and if approved by two-thirds of that House it shall become a Law. But 
in all such Cases the Votes of Both Houses shall be determined by Yeas 
and Nays, and the Names of the Persons voting for and against the Bill 
shall be entered on the Journal of each House respectively. If any Bill 
shall not be returned by the President within ten Days (Sundays 
excepted) after it shall have been presented to him, the Same shall be a 
law, in like Manner as if he had signed it, unless the Congress by 
their Adjournment prevent its Return, in which Case it shall not be a 
Law. 

Every Order, Resolution, or Vote to which the Concurrence of the 
Senate and House of Representatives may be necessary (except on a 
question of Adjournment) shall be presented to the President of the 
United States ; and before the same shall take Effect, shall be approved 
by him, or being disapproved by him, shall be repassed by two-thirds of 
the Senate and House of Representatives, according to the Rules and 
Limitations prescribed in the Case of a Bill. 

Section 8. The Congress shall have Power : 

To lay and collect Taxes, Duties, Imposts and Excises, to pay the 
Debts and provide for the common Defence and general Welfare of the 
United States ; but all Duties, Imposts and Excises shall be uniform 
throughout the United States ; 

To borrow Money on the credit of the United States ; 

To regulate Commerce with foreign Nations, and among the several 
States, and with the Indian Tribes ; 



CONSTITUTION OF THE UNITED STATES. lxxiii 

To establish an uniform Rule of Naturalization,* and uniform Laws 
on the subject of Bankruptcies throughout the United States ; 

To coin Money, regulate the Value thereof, and of foreign Coin, and 
fix the Standard of Weights and Measures : 

To provide for the Punishment of counterfeiting the Securities and 
current Coin of the United States : 

To establish Post Offices and post Roads : 

To promote the progress of Science and useful Arts, by securing for 
limited Times to Authors and Inventors the exclusive Right f to their 
respective Writings and Discoveries; 

To constitute Tribunals inferior to the supreme Court; 

To define and punish Piracies and Felonies committed on the high 
^eas, and Offenses against the Law of Xations ; 

To declare War. grant Letters of Marque and Reprisal, and make 
Rules concerning Captures on Land and Water ; 

To raise and support Armies, but no Appropriation of Money to that 
Use shall be for a longer Term than two Years ; 

To provide and maintain a Navy : 

To make Rules for the Government and Regulation of the land and 
naval Forces : 

To provide for calling forth the Militia to execute the Laws of the 
Union, suppress Insurrections and repel Invasions : 

To provide for organizing, arming, and disciplining, the Militia, and 
for governing such part of them as may be employed in the Service of 
the United States, reserving to the States respectively, the Appointment 
of the Officers, and the Authority of training the Militia according to 
the Discipline prescribed by Congress : 

To exerci-e exclusive Legislation in all Cases whatsoever, over such 
District (not exceeding ten Miles square) as may. by Cession of particular 
States, and the Acceptance of Congress, become the Seat of the Govern- 
ment of the U/nited States, and to exercise like Authority over all places 
purchased by the Consent of the Legislature of the State in which the 
Same shall be, for the Erection of Forts. Magazines. Arsenals, Dock- 
Yards, and other needful Buildings ; — And 

To make all Laws which shall be necessary and proper for carrying 

♦The Naturalization laws require a foreigner to be in the country five years before 
he is entitled to citizenship. 

t An Author obtains a copyright by application to the Librarian of Congress, and it 
is secured for twenty-eight years. 

An Inventor secures a patent from the Patent Office, at Washington, for a certain 
number of years, prescribed by the Commissioner of Patents. 



lxxiv APPENDIX. 

into Execution the foregoing Powers, and all other Powers vested by 
this Constitution in the Government of the United States, or in any 
Department or Officer thereof. 

Section 9. The Migration or Importation of such Persons as any of 
the States now existing shall think proper to admit, shall not be pro- 
hibited by the Congress, prior to the Year one thousand eight hundred 
and eight, but a Tax or Duty may be imposed on such Importation, not 
exceeding ten dollars for each Person. 

The Privilege of the Writ of Habeas Corpus shall not be suspended, 
unless when in Cases of Rebellion or Invasion the public Safety may 
require it. 

No Bill of Attainder or ex post facto Law shall be passed. 

No Capitation, or other direct Tax shall be laid, unless in Proportion 
to the Census or Enumeration herein before directed to be taken. 

No Tax or Duty shall be laid on Articles exported from any State. 

No Preference shall be given by any Regulation of Commerce or 
Revenue to the Ports of one State over those of another : nor shall 
Vessels bound to, or from, one State, be obliged to enter, clear, or pay 
Duties in another. 

No Money shall be drawn from the Treasury, but in Consequence of 
Appropriations made by Law ; and a regular Statement and Account of 
the Receipts and Expenditures of all public Money shall be published 
from time to time. 

No Title of Nobility shall be granted by the United States : And no 
Person holding any Office of Profit or Trust under them, shall, without 
the Consent of the Congress, accept of any present, Emolument, Office, 
•or Title, of any kind whatever, from any King, Prince, or foreign State. 

Section 10. No State shall enter into any Treaty, Alliance, or Con- 
federation ; grant Letters of Marque and Reprisal ; coin Money ; emit 
Bills of Credit ; make any Thing but gold and silver Coin a Tender in Pay- 
ment, of Debts ; pass any Bill of Attainder, ex post facto Law, or Law 
impairing the Obligation of Contracts, or grant any Title of Nobility. 

No State shall, without the consent of the Congress, lay any Imposts 
or Duties on Imports or Exports, except what may be absolutely neces- 
sary for executing its inspection Laws: and the net Produce of all Duties 
and Imposts, laid by any State on Imports or Exports, shall be for the 
Use of the Treasury of the United States ; and all such Laws shall be 
subject to the Revision and Controul of the Congress. 

No State shall, without the Consent of Congress, lay any Duty of Ton- 
nage, keep Troops, or Ships of War in time of Peace, enter into any 
Agreement or Compact with another State, or with a foreign Power, or 



CONSTITUTION OF THE UNITED STATES. lxxv 

engage in War. unless actually invaded, or in such imminent Danger as 
will not admit of Delay. 

ARTICLE II.— THE EXECUTIVE DEPARTMENT. 

Section 1. The executive Power shall be vested in a President of the 
United States of America. He shall hold his Office during the Term of 
four Years, and, together with the Vice President, chosen for the same 
Term, be elected, as follows: 

Each State shall appoint, in such Manner as the Legislature thereof 
may direct, a Number of Electors, equal to the whole Number of Sen- 
ators and Representatives to which the State may be entitled in the Con- 
gress: but no Senator or Representative, or Person holding an Office of 
Trust or Profit under the United States, shall be appointed an Elector. 

* The Electors shall meet in their respective States, and vote by Ballot 
for two persons, of whom one at least shall not be an Inhabitant of the 
same State with themselves. And they shall make a List of all the Per- 
sons voted for, and of the Number of Azotes for each; which List they 
shall sign and certify, and transmit sealed to the Seat of the Government 
of the United States, directed to the President of the Senate. The 
President of the Senate shall, in the Presence of the Senate and House 
of Representatives, open all the Certificates, and the Votes shall then be 
counted. The Person having the greatest Number of Votes shall be the 
President, if such Number be a Majority of the whole Number of Electors 
appointed ; and if there be more than one who have such Majority and 
have an equal Number of Votes, then the House of Representatives shall 
immediately chuse by Ballot one of them for President ; and if no Per- 
son have a Majority, then from the five highest on the List the said 
shall in like Manner chuse the President. But in chusing the 
President, the Votes shall be taken by States, the Representation from 
each State having one Vote; a Quorum for this Purpose shall consist of 
a Member or Members from two-thirds of the States, and a Majority of 
all the States shall be necessary to a Choice. In every Case, after -the 
Choice of the President, the Person having the greatest Number of Votes 
of the Electors shall be the Vice President. But if there should remain 
: more who have equal Votes, the Senate shall chuse from them by 
Ballot the Vice President. 

Tie l : nay determine the Time of chusing the Electors, and the 

Day on'which they shall give their Votes; which Day shall be the same 
throughout the United Si; 

* This clause has been superseded by the 12th Amendment. 



Ixxvi APPENDIX. 

No Person except a natural born Citizen, or a Citizen of the United 
States, at the time of the Adoption of this Constitution, shall be eligible 
to the Office of President ; neither shall any Person be eligible to that 
Office who shall not have attained to the Age of thirty-five Years, and 
been fourteen Years a Resident within the United States. 

In Case of the Removal of the President from Office, or of his Death, 
Resignation, or Inability to discharge the Powers and Duties of the said 
Office, the sanies hall devolve on the Vice President, and the Congress 
may by Law provide for the Case of Removal, Death, Resignation, or 
Inability, both of the President and Vice President, declaring what 
Officer shall then act as President, and such Officer shall act accordingly, 
until the Disability be removed, or a President shall be elected. 

The President shall, at stated Times, receive for his Services, a Com- 
pensation, which shall neither be encreased nor diminished during the 
Period for which he shall have been elected, and he shall not receive 
within that Period any other Emolument from the United States, or any 
of them. 

Before he enter on the Execution of his Office, he shall take the fol- 
lowing Oath or Affirmation : 

"I do solemnly swear (or affirm) that I will faithfully execute the 
"Office of President of the United States, and will to the best of my 
"Ability, preserve, protect and defend the Constitution of the United 
"States." 

Section 2. The President shall be Commander in Chief of the Army 
and Navy of the United States, and of the Militia of the several States, 
when called into the actual Service of the United States; he may require 
the opinion, in writing, of the principal Officer in each of the executive 
Departments, upon any Subject relating to the Duties of their respect- 
ive Offices, and he shall have Power to grant Reprieves and Pardons 
for Offences against the United States, except in Cases of Impeach- 
ment. 

He shall have Power, by and with the Advice and Consent of the Sen- 
ate, to make Treaties, provided two-thirds of the Senators present concur; 
and he shall nominate, and by and with the Advice and Consent of the 
Senate, shall appoint Ambassadors, other public Ministers and Consuls, 
Judges of the supreme Court, and all other Officers of the United States, 
whose Appointments are not herein otherwise provided for, and which 
shall be established by Law: but the Congress may by Law vest the 
Appointment of such inferior Officers, as they think proper, in the 
President alone, in the Courts of Law, or in the Heads of Departments. 

The President shall have Power to fill up all Vacancies that may hap- 



CONSTITUTION OF THE UNITED STATES. lxxvii 

pen during the Recess of the Senate, by granting Commissions which 
shall expire at the End of their next Session. 

Section 3. He shall from time to time give to the Congress Informa- 
tion of the State of the Union, and recommend to their Consideration 
such Measures as he shall judge necessary and expedient; he may, on 
extraordinary Occasions, convene both Houses, or either of them, and in 
Case of Disagreement between them, with Respect to the time of Ad- 
journment, he may adjourn them to such Time as he shall think proper; 
lie shall receive Ambassadors and other public Ministers; he shall take 
Care that the Laws be faithfully executed, and shall Commission all the 
Officers of the United States. 

Section 4. The President, Vice President and all civil Officers of the 
United States, shall be removed from Office on Impeachment for, and 
Conviction of. Treason, Bribery, or other high Crimes and Misdemeanors. 

ARTICLE III.— THE JUDICIAL DEPARTMENT. 

Section 1. The Judicial Power of the United States, shall be vested in 
one supreme Court, and in such inferior Courts as the Congress may 
from time to time ordain and establish. The Judges, both of the su- 
preme and inferior Courts, shall hold their Offices during good behaviour, 
and shall, at stated times, receive for their Services, a Compensation 
which shall not be diminished during their continuance in Office. 

Section 2. The judicial" Power shall extend to all Cases, in Law and 
Equity, arising under this Constitution, the Laws of the United States, 
and Treaties made, or which shall be made, under their Authority; — to 
all Cases affecting Ambassadors, other public Ministers and Consuls: — 
to all Cases of admiralty and maritime Jurisdiction; — to Controversies 
to which the Lnited States shall be a Party; — to Controversies between 
two or more States: — between a State and Citizens of another State; — 
between Citizens of different States. — between Citizens of the same State 
claiming Lands under Grants of different States, and between a State, 
or the Citizens thereof, and foreign States, Citizens or Subjects. 

In all Ca-es affecting Ambassadors, other public Ministers and Con- 
sul-, and those in which a State shall be Party, the supreme" Court shall 
have original Jurisdiction. In all the other Cases before mentioned, the 
supreme Court shall have appellate Jurisdiction, both as to Law and 
Fact, with such Exceptions, and under such Regulations as the Congress 
shall make. 

The Trial of all Crimes, except in Cases of Impeachment, shall be by 
Jury: and such Trial shall be held in the State where the said Crimes 
shall have been committed; but when not committed within any State, 



lxxviil APPENDIX. 

the Trial shall be at such Place or Places as the Congress may by Law 
have directed. 

Section 3. Treason against the United States shall consist only in 
levying War against them, or in adhering to their Enemies, giving them 
Aid and Comfort. No Person shall be convicted of Treason unless on 
the Testimony of two Witnesses to the same overt Act, or on Confession 
in open Court. 

The Congress shall have Power to declare the Punishment of Treason, 
but no Attainder of Treason shall work Corruption of Blood, or For- 
feiture except during the Life of the Person attainted. 

ARTICLE IV.— MISCELLANEOUS. 

Section 1. Full Faith and Credit shall be given in each State to the 
public Acts, Records, and judicial Proceedings of every other State. 
And the Congress may by general Laws prescribe the Manner in which 
such Acts, Records and Proceedings shall be proved, and the Effect 
thereof. 

Section 2. The Citizens of each State shall be entitled to all Privileges 
and Immunities of Citizens in the several States. 

A Person charged in any State with Treason, Felony, or other Crime, 
who shall flee from Justice, and be found in another State, shall on 
Demand of the executive Authority of the State from which he fled, be 
delivered up, to be removed to the State having Jurisdiction of the 
Crime. 

No Person held to Service or Labour in one State, under the Laws 
thereof, escaping into another, shall, in Consequence of any Law or 
Regulation therein, be discharged from such Service or Labour, but shall 
be delivered up on Claim of the Party to whom such Service or Labour 
may be due. 

Section 3. New States may be admitted by the Congress into this 
Union ; but no new State shall be formed or erected within the Jurisdic- 
tion of any other State ; nor any State b? formed by the Junction of two 
or more States, or Parts of States, without the Consent of the Legisla- 
tures of the States concerned as well as of the Congress. 

The Congress shall have power to dispose of and make all needful 
Rules and Regulations respecting the Territory or other Property belong- 
ing to the United States ; and nothing in this Constitution shall be so 
construed as to Prejudice any Claims of the United States, or of any 
particular State. 

Section 4. The United States shall guarantee to every State in this 
Union a Republican Form of Government, and shall protect each of 



CONSTITUTION OF THE UNITED STATES. lxxix 

them against Invasion, and on Application of the Legislature, or of the 
Executive (when the Legislature cannot be convened) against domestic 
Violence. 

ARTICLE V.— POWER OF AMENDMENT. 

The Congress, whenever two-thirds of both Houses shall deem it neces- 
sary, shall propose Amendments to this Constitution, or, on the Appli- 
cation of the Legislatures of two-thirds of the several States, shall call a 
Convention for proposing Amendments, which, in either Case, shall be 
valid to all Intents and Purposes, as Part of this Constitution, when 
ratified by the Legislatures of three-fourths of the several States, or by 
Conventions in three-fourths thereof, as the one or the other Mode of 
Ratification may be proposed by the Congress ; Provided that no Amend- 
ment which may be made prior to the Year one thousand eight hundred 
and eight shall in any Manner affect the first and fourth Clauses in the 
Ninth Section of the first Article ; and that no State, without its Con- 
sent, shall be deprived of its equal Suffrage in the Senate. 

ARTICLE VI.— MISCELLANEOUS. 

All Debts contracted and Engagements entered into, before the Adop- 
tion of this Constitution, shall be as valid against the United States 
under this Constitution, as under the Confederation. 

This Constitution, and the Laws of the United States which shall be 
made in Pursuance thereof; and all treaties made, or which shall be 
made, under the authority of the United States shall be the Supremo 
Law of the Land; and the Judges in every State shall be bound thereby, 
any Thing in the Constitution or Laws of any State to the Contrary not- 
withstanding. 

The Senators and Representatives before mentioned, and the Members 
of the several State Legislatures, and all executive and judicial Officers, 
both of the United States, and of the several States, shall be bound by 
Oath or Affirmation, to support this Constitution ; but no religious Test 
shall ever be required as a qualification to any Office or public Trust 
under the United Stat'-. 

ARTICLE VII. —RATIFICATION OF THE CONSTITUTION. 

The Ratification of the Conventions of Nine States, shall be sufficient 

for the Establishment of this Constitution between the States so ratifying 
the same. 

Doxl in Convention by the Unanimous Consent of the States present 
the Seventeenth Day of September in the Year of our Lord one 



ixxx 



APPENDIX. 



thousand seven hundred and Eighty-seven and of the> Independence 
of the United States of America the Twelfth. In Witness whereof 
"We have hereunto subscribed our Names, 

G° WASHINGTON— 
Presidt and deputy from Virginia. 



NEW HAMPSHIRE. 

John Langdon 
Nicholas Gilman 

NEW YORK. 

Alexander Hamilton 

NEW JERSEY. 

Wil Livingston 
Wm Paterson 
David Brearley 
Jona Daycon 

PENNSYLVANIA. 

B Franklin 
Robt Morris 
Tho Fitzsimons 
James Wilson 
Thomas Mifflin 
Geo Clymer 
Jared Ingersoll 

Attest : 



MASSACHUSETTS. 

Nathaniel Gorham 
Rufus King 
Gouv Morris 

DELAWARE. 

Geo Read 
John Dickinson 
Jaco Broom 

Gunning Bedford, Jun'r 
Richard Bassett 



MARYLAND. 

James M'Henry 

Danl Carrol 

Dan of St Thos Jenifer 



VIRGINIA. 

John Blair 



CONNECTICUT. 

Wm Saml Johnson 
Roger Sherman 
James Madison, Jr 

NORTH CAROLINA. 

Wm Blount 
Hn Williamson 
Richard Dobbs Spaight 



SOUTH CAROLINA. 

J Rutledge 

Charles Pinckney 

Charles Cotesworth Pinckney 

Pierce Butler 



GEORGIA. 

William Few 
Abr Baldwin 
William Jackson, Secretary. 



The Constitution having been reported to Congress on the 17th Septem- 
ber, 1787, was " submitted to a Convention of Delegates chosen in each 
State by the people thereof," and was ratified by the Conventions of the 
several States as follows : 

on the 7th December, 1787. 
on the 12th December, 17! 
on the 18th December, 1787. 
on the 2d January, 1788o 
on the 9th January, 1788 
on the 6th February, 1788 
on the 28th April, " 1788 
on the 23d May, 1788, 

New Hampshire, on the 21st June, 1788, 

Virginia, on the 26th June, 1788 

New York, on the 26th July, 1788 

North Carolina, on the 21st November, 1789 
Khode Island, on the 29th May, 1790 



By Delaware, 
Pennsylvania, 
New Jersey, 
Georgia, 
Connecticut, 
Massachusetts, 
Maryland, 
South Carolina, 



CONSTITUTION OF THE UNITED STATES. lxxxi 

AMENDMENTS TO 
THE CONSTITUTION OF THE UNITED STATES. 

Proposed by Congress, and ratified by the Legislatures of the several 
States, pursuant to the fifth article of the original Constitution. 

(ARTICLE I.) 

Congress shall make no law respecting an establishment of religion, or 
prohibiting the free exercise thereof ; or abridging the freedom of 
speech, or of the press ; or the right of the people peaceably to assemble, 
and to petition the Government for a redress of grievances. 

(ARTICLE II.) 

A well regulated Militia, being necessary to the security of a free 
State, the right of the people to keep and bear Arms, shall not be 
infringed. 

(ARTICLE III.) 

No Soldier shall, in time of peace be quartered in any house, without 
the consent of the Owner, nor in time of war, but in a manner to be pre- 
scribed by law. 

(ARTICLE IV.) 

The right of the people to be secure in their persons, houses, papers, 
and effects, against unreasonable searches and seizures, shall not be 
violated, and no Warrants shall issue, but upon probable cause, sup- 
ported by Oath or Affirmation, and particularly describing the place to 
be searched, and the person or things to be seized. 

(ARTICLE V.) 

No person shall be held to answer for a capital, or otherwise infamous 
crime, unless on a presentment or indictment of a Grand Jury, except in 
rising in the land or naval forces, or in the Militia, when in actual 
service in time of War or public danger; nor shall any person be subject 
for the same offence to be twice put in jeopardy of life or limb ; nor shall 
be compelled in any Criminal Case to be a witness against himself, nor 
be deprived of life, liberty, or property, without due process of law ; 



lxxxii APPENDIX. 

nor shall private property be taken for public use, without just compen- 
sation. 

(ARTICLE VI.) 

In all criminal prosecutions, the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the State and district 
wherein the crime shall have been committed, which district shall have 
been previously ascertained by law, and to be informed of the nature and 
cause of the accusation ; to be confronted with the witnesses against him ; 
to have Compulsory process for obtaining Witnesses in his favour, and to 
have the Assistance of Counsel for his defence. 

(ARTICLE VII.) 

In Suits at common law, where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be preserved, and no fact 
tried by a jury shall be otherwise re-examined in any Court of the 
United States, than according to the rules of the common law. 

(ARTICLE VIII.) 

Excessive bail shall not be required, nor excessive fines imposed, nor 
cruel and unusual punishments inflicted. 

(ARTICLE IX.) 

The enumeration in the Constitution, of certain rights, shall not -be 
construed to deny or disparage others retained by the people. 

(ARTICLE X.)* 

The powers not delegated to the United States by the Constitution, 
nor prohibited by it to the States, are reserved to the States respectively, 
or to the people. 

(ARTICLE XI.) f 

The Judicial power of the United States shall not be construed to ex- 
tend to any suit in law or equity, commenced or prosecuted against one 

* The first ten amendments were proposed at the first session of the first Congress 
(1789), and declared adopted in 1791. 

+ The eleventh amendment was proposed at the first session of the third Congress 
(1794), and declared adopted in 179S. 



CONSTITUTION OF THE UNITED STATES. lxxxiii 

of the United States by Citizens of another State, or by Citizens or Sub- 
jects of any Foreign State. 

(ARTICLE XII.)* 

The Electors shall meet in their respective states, and vote by ballot 
for President and Vice President, one of whom at least, shall not be an 
inhabitant of the same state with themselves; they shall name in their 
ballots the person voted for as President, and in distinct ballots the 
person voted for as Vice President, and they shall make distinct lists of 
all persons voted for as President, and of all persons voted for as Vice 
President, and of the number of votes for each, which lists they shall 
sign and certify, and transfer sealed to the seat of the government of the 
United States, directed to the President of the Senate; — The President 
of the Senate shall, in presence of the Senate and House of Representa- 
tives, open all the certificates and the votes shall then be counted ; — The 
person having the greatest number of votes for President, shall be the 
President, if such number be a majority of the whole number of Elec- 
tors appointed : and if no person have such majority, then from the 
persons having the highest numbers not exceeding three on the list of 
those voted for as President, the House of Representatives shall choose 
immediately, by ballot, the President. But in choosing the President, 
the vote- shall be taken by states, the representation from each state 
having one vote; a quorum for this purpose shall consist of a member or 
members from two-thirds of the states, and a majority of all the states 
shall be necessary to a choice. And if the House of Representatives 
shall not choose a President whenever the right of choice shall devolve 
upon them, before the fourth day of March next following, then the 
Vice President shall act as President, as in the case of the death or other 
constitutional disability of the President. — The person having the great- 
est number of votes as Vice President, shall be the Vice President, if 
such number be a majority of the whole number of Electors appointed, 
and if no person have a majority, then from the two highest numbers on 
the list, the Senate shall choose the Vice President ; a quorum for the 
purpose shall consist of two-thirds of the whole number of Senators, and 
a majority of the whole number shall be necessary to a choice. But no 
person constitutionally ineligible to the office of President shall be eligible 
to that of Vice President of the United States. 



* Thi.s article i- substituted for Clause 8, Sec. I., Art. II., page 317, and annuls it. It 
was declared adopted in 1*04. 



lxxxiv APPENDIX. • 



(ARTICLE XIII.)* 

Section I. — Neither slavery nor involuntary servitude, except as pun- 
ishment for crime, whereof the party shall have been duly convicted, 
shall exist within the United States, or any place subject to their juris- 
diction. 

Section II. — Congress shall have power to enforce this article by 
appropriate legislation. 

(ARTICLE XIV. )f 

Section I. — All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the United States and 
of the state wherein they reside. No state shall make or enforce any 
law which shall abridge the privileges or immunities of citizens of the 
United States ; nor shall any state deprive any person of life, liberty, or 
property, without due process of law, nor deny any person within its juris- 
diction the equal protection of the laws. 

Section II. — Representatives shall be apportioned among the several 
states according to their respective numbers, counting the whole number 
of persons in each state, excluding Indians not taxed. But when the 
right to vote at any election for the choice of electors for President and 
Vice President of the United States, representatives in Congress, the 
executive and judicial officers of a state, or the members of the Legislature 
thereof, is denied to any of the male inhabitants of such state, being 
21 years of age and citizens of the United States, or in any way abridged, 
except for participation in rebellion or other crime, the basis of repre- 
sentation therein shall be reduced in the proportion which the number 
of such male citizens shall bear to the whole number of male, citizens 
twenty-one years of age in such state. 

Section III. — No person shall be a Senator or Representative in Con- 
gress, or elector for President and Vice President, or hold any office, civil 
or military, under the United States, or under any state, who, having 
previously taken an oath, as a member of Congress, or as an officer of the 
United States, or as a member of any state Legislature, or as an executive 
or judicial officer of any state, to support the Constitution of the United 
States, shall have engaged in insurrection or rebellion against the same 



* The thirteenth amendment was proposed at the second session of the thirty-eighth 
Congress (1665), and declared adopted in 1865. 

t The fourteenth amendment was first proposed at the first session of the thirty- 
ninth Congress, 1866, and declared adopted in 1868. 



CONSTITUTION OF THE UNITED STATES. 



Ixxxv 



or given aid or comfort to the enemies thereof. But Congress may, by 
a vote of two-thirds of each house, remove such disability. 

Section IV. — The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pensions and 
bounties for services in suppressing insurrection or rebellion, shall not be 
questioned. But neither the United States nor any state shall assume or 
pay any debt or obligation incurred in aid of insurrection or rebellion 
against the United States, or any claim for the loss or emancipation of 
any slave: but. all such debts, obligations, and claims shall be held illegal 
and void. 

Section V. — The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

(ARTICLE XV.)* 

Section I. — The right of citizens of the United States to vote shall not 
be denied or abridged by the United States, or by any State, on account 
of race, color, or previous condition of servitude. 

Section II. — The Congress shall have power to enforce this article by 
appropriate legislation. 



DERIVATION AND EXPLANATION OF TERMS. 



Appellate jurisdiction is juris 
diction or power of a court to 
hear and determine cases ap- 
pealed to it from another court. 
Original jurisdiction is juris- 
diction to hear and determine 
cases that have not been tried in 
another court. The S u p r e ra e 
Court of the United States lias 
original jurisdiction in some 
eases, but in many it has only 
appellate jurisdiction. (See Con- 
stitution of United State-. Article 
III., Sec. 2.) 

Bear arms. To bear arms is to 



have or carry arms. Under the 
United States Constitution every 
citizen has the right to bear 
arms, but in some States the law 
prohibits carrying "concealed 
weapons.'* Where this law is in 
force a person may carry a re- 
volver in his hand, or a gun on 
his shoulder, exposed to view ; 
but he must not carry a revolver 
or dagger in his pocket, or other- 
wise concealed. The object of 
the prohibition is that people may 
know whether a person is armed 
or not, and, therefore, if neces- 



* The fifteenth amendment was proposed at the second session of the fortieth Con- 
D 18 /J. and declared adopted in IH'iO. 



lxxxvi 



APPENDIX. 



sary, take precautions against 
danger to life. 

Clear. " To clear a ship at the 
custom-house, to exhibit the doc- 
uments required by law, give 
bonds, or perform other acts req- 
uisite, and procure a permission 
to sail, and such papers as the 
law requires. " — Webster. 

Domestic Violence. (Latin do- 
mus, a house.) Violence among 
the citizens of a country, such as 
rioting ; an armed attack by citi- 
zens on the officers of their own 
government. 

Establishment of Religion. In 
some countries a certain religion 
is established by law ; that is, it 
is recognized by law as the relig- 
ion of the country, and its minis- 
ters are paid out of public funds. 
The Constitution of the United 
States forbids the establishment 
of a religion. 

Overt Act. (Old French ovrir, to 
open.) "In criminal law an 
overt act is an open act done in 
pursuance of a criminal design, 
the mere design or intent [inten- 
tion] not being punishable with- 
out such act." — Webster. 

Privilege from Arrest. (Privi- \ 
lege. Latin privus, private, and ! 
lex, a law.) A rule or law for ! 
the benefit of some particular (pri- I 
vate) person or persons. Mem- 
bers of Congress (Senators or 
Congressmen) must not be ar- 
rested while in attendance in 
Congress, or going to or return- 



ing from a session of Congress, 
except for treason, felony, or 
breach of the peace. This is 
"privilege from arrest." 

Questioned in any other place. 
The Constitution of the United 
States provides that members of 
Congress shall not be questioned 
in any other place for what they 
may say in Congress ; that is, 
that they cannot be tried in a 
court of law for words spoken in 
Congress. [f a person prints 
anything in a newspaper, or says 
anything at a public meeting, 
which is injurious to somebody's 
reputation, he may be punished 
by law ; but a member of Con- 
gress speaking at a session 
of Congress is privileged to 
speak freely, without fear of 
being called to account else- 
where. 

Religious Test. By this phrase 
is usually understood the quali- 
fication that a person must be- 
long to a particular religion. In 
some countries such qualification 
is required for the holding of 
public office. The Constitution 
of the United States prescribes 
that " no religious test shall ever 
be required as a qualification to 
any office or public trust under 
the United States." This means 
that no person must be excluded 
from public office under the 
United States because of any 
views he may hold on the subject 
of religion. 



ALPHABETICAL INDEX 



TO DERIVATION AND EXPLANATION OF TERMS. 



PAGE 

Act 36 

Administrator 79 

Admiralty and maritime juris- 
diction 161 

Ad valorem 108 

Affirm 31 

Alien 98 

Alienate xii 

All and singular xxxiv 

Allegiance 25 

Ambassador 148 

Amend 31 

Appellate jurisdiction lxxxvi 

Appointee lxviii 

Apportion 131 

Appropriation 56 

Article 31 

Articles of agreement 79 

3S 56 

Attest 36 

Auditor 56 

Bail 45 

Ballot 98 

Bear arms lxxxvi 

Bear test xxiii 

Bill 36 

Bill of credit 138 

Bond 79 

Buoy 169 

Cabinet 20 

Candidate 56 

Capias 79 



PAGK 

Capital (political) 36 

Capital (legal) 45 

Capital (economic) 169 

Capitol 36 

Census 131 

Charter 92 

Circuit Courts 161 

City 92 

Civil 15 

Civilization 15 

Clear lxxxvi 

Client .' 45 

Code 36 

Colony 25 

Commissioner 56 

Committee 25 ' 

Community 15 

Commutation 56 

Confiscate xxiii 

Congress * . . . . 25 

Constituents lxviii 

Constitution 20 

Consul 148 

Contested election xxiii 

Continental 121 

Convention 25 

Convict 45 

Copyright 138 

Corporation 36 

Corruption 68 

Countersign 79 

County 25 



lxxxviii 



ALPHABETICAL INDEX. 



PAGE 

Court 45 

Criminal law 92 

Custom 138 

Deed 56 

Delegate 26 

Democracy 20 

Deputy . . 79 

Despotic 20 

Disseize of freehold xxiii 

Docket 56 

Domestic violence lxxxvi 

Duel Ixviii 

Duty on tonnage 138 

Elector 31 

Embargo xxiii 

Eminent domain 108 

Emperor 20 

Enact 36 

Engross 36 

Entail xxiii 

Escheat Ixviii 

Establishment of religion. . . lxxxvi 

Estray Ixviii 

Evidence 45 

Excise . . 138 

Execution ... 79 

Ex officio 3G 

Ex post facto 138 

Federal 125 

Felony 98 

Fine 37 

Fiscal 56 

Flee from justice Ixviii 

Franchise 98 

Franchises 108 

Fund 79 

Geodetic 169 

Government 15 

Guardian 79 

Hereditary 20 

High seas 138 



PAGE 

Impost 138 

Inauguration 148 

Incorporation 80 

Indictment 45 

Infamous 45 

Insurrection 118 

Invasion 118 

Judges dependent xii 

Judiciary 68 

Jurisdiction 26 

Jurisprudence 26 

Jury 45 

Justice of the peace 45 

Labor 169 

Law of nations 138 

Legislature 20 

Levy 108 

License 80 

Lords proprietors xxiii 

Lower Court ... 08 

Majority 20 

Margin 108 

Mayor 92 

Mechanical arts 113 

Militia 45 

Monarch 20 

National debt 148 

Naturalize : 98 

Naval 46 

Normal 113 

Oath 31 

Office 20 

Ordinance 31 

Original jurisdiction. . . . 161, lxxxvi 

Overt act * . lxxxvi 

Passport 148 

Patent ... 138 

Patronage 148 

Penalty 46 

Penitentiary 68 

Pension 148 



ALPHABETICAL INDEX. 



lxxxix 



PAGE 

Perpetuity xxiii 

Platform 98 

Plurality 56 

Police 92 

Policy 98 

Political 26 

Poll 98 

Poll-tax 80 

Potentate . 177 

Preamble lxviii 

Premises xxiv 

Presentment 46 

Prince . . 177 

Privilege from arrest lxxxvi 

Probate 80 

Prosecute 46 

Province 26 

Quarter 139 

Questioned in any other place lxxxvi 

Quorum 161 

Ratify 31 

Peal estate 80 

Religious test lxxxvi 

Reprieve 56 

Republic 20 

lution 26 

Retrospective laws xxiv 

Revenue 15 

Revolution 121 

Riot 118 

Royal 121 

•ii warrant 139 

• political societies lxviii 

ion 31 

te 37 

•n :57 

ir hands xxxiv 

Sheriff 46 

Solicitor 46 



PAGE 

Sovereign , 21 

Speaker 37 

Standing armies xii 

State... 15 

Statesman 177 

Statistics 149 

Statute 37 

Strike 169 

| Subject 21 

Subject of taxation 56 

Subpoena 46 

I Suffrage 98 

Suit 80 

Summon 46 

i Suspending laws xii 

Tariff..... 98 

Taxes 15 

Tender in payment 139 

Term 46 

Territory 121 

21 

139 

80 

15 

139 



'Throne 

'Title of nobility 
I Toll 

Treasury 

Troops 



Unalienable rights xii 

University 113 

Verdict 46 

Veto 37 

Village 92 

Viva voce 99 

Warrant 46. 56 



Whig 

Witness 

Workhouse 

Wril 

Writ of election, 



139 

46 

68 

46 

lxviii 

Yeas and navs xxxiv 



THE LATEST. 

HANSELL'S 

HISTORIES OF THE UNITED STATES 

WERE ADOPTED FEBRUARY 14, 1894, BY 

the State Board of Education for use in all the 
Public Schools of the State of North Carolina. 



ADOPTED SEPTEMBER 5, 1893, BY 

the State Board of Education of the 
State of South Carolina. 



ADOPTED MARCH 13, 1894, BY 

the State Board of Education of the 

State of Virginia. 



RE-ADOPTED SEPTEMBER 22, 1893, BY 

the State Board of Education of the 
State of Louisiana. 



HANSEIES HISTORIES OF THE UNITED STATES. 

RECOMMENDED 

BY THE 

United Confederate Veterans' Association 

At Birmingham, Ala., April 25, 1894. 

Virginia Confederate Veterans' Association 

At Alexandria, Va., June 14, 1894. 



IN USE IN 

New Orleans, La. Galveston, Texas. 

Nashville, Tenn. Dallas, Texas. 

Memphis, Tenn. Houston, Texas. 

Savannah, Ga. Vicksburg, Miss. 

Birmingham, Ala. Meridian, Miss. 

Pensacola, Fla. Natchez, Miss. 



" In reference to the late war between the States, it relates facts more 
clearly and truthfully than we have seen them stated in any other book of 
similar size or character. It is positively refreshing at this time, when 
there is so much gush over the hypothetical 'New South,' and so much 
fear of offending Northern sensibilities, to find a school book in which 
the author is not afraid to state the truth. It is what has been needed 
badly in the South, and we respectfully present it to the attention of our 
School Commissioner and the teachers generally, feeling that it is a duty 
thev owe to the children, that they teach them the truth." 

— The American, Nashville, Tenn. 



Hansen's School History, - - Retail Price, $0.60 
Hansen's Higher History, - - " 1 .OO 



University Publishing Company, 

4-3, 45, 4-7 East 1 Oth Street, New York. 



GILDER SLEEVE'S LATIX SERIES. 



GILDERSLEEVE'S LATIN GRAM MAR.- New 

Edition of 1894. Revised and enlarged by Professor 
Gildersleeve and Professor Gonzalez Lodge, 
Associate Professor of Latin in Bryn Mawr College. 

The publishers take much pleasure in announcing this 
new edition of a well-known text-book. In its previous 
form it has had a wide sale, and has been for many years 
a recognized standard authority in Colleges and Universi- 
ties. Two objects have been kept in view in its revision : 

First — To so simplify the expression as to make the 
book more available for secondary schools. In this work 
the authors have had the assistance of distinguished Latin 
teachers, and they congratulate themselves that this object 
has been attained without lowering the scholarly character 
of the work. 

Second — To so extend the work as to make it absolutely 
complete and sufficient for the requirements of the most 
accurate critical study of Latin. No other Latin Grammar 
published in America meets these requirements so fully. 

Thus, while this new edition is an indispensable repertory 
for advanced students, it at the same time consults the 
interests of young scholars by a typographical arrangement 
which enables the beginner to postpone minutiae that are 
intended only for higher classes. Recognizing the impor- 
tance of familiarity with one grammatical text-book, the 
authors have endeavored to shape a work that will serve 
the student from the time he leaves his Primer to the very 
end of his Latin studies. 

The treatment of inflectional forms is plain and conveni- 
ent for use. Logical clearness distinguishes the rules 
of syntax, and the translations of quoted examples are 
happily idiomatic. Prosody, as treated, is especially 
valuable, and the Index of Verbs and the General Index 
are full and complete. The book is a model in its typo- 
graphical and mechanical features. Price, $1.20. 



VENABLE'S MATHEMATICS. 



VENABLE'S EASY ALGEBRA.— An Easy Algebra 
for Beginners. 

For a large proportion of the pupils of the American public schools — 
even high schools so-called — such a knowledge of Algebra can be obtained 
from it as will be of more practical value than from the more extended 
and theoretical treatises. The definitions are concise and clear, and the 
explanations brief and simple, and yet the true essence of Algebra is 
presented and illustrated. The graded steps are clearly defined, and 
the pupils are made to understand the principles of the science. The 
miscellaneous examples are numerous and well chosen, and the review 
questions excellent. Price, 60 cents. 

VENABLE'S HIGH SCHOOL ALGEBRA.-For High 
Schools and Academies. 

This book aims to train learners to a thorough knowledge of algebraic 
language, and the acquisition of a practical facility in the use of algebraic 
symbols. The lack of this knowledge and facility greatly increases the 
difficulties of advanced students. Therefore, the author seeks to ground 
the pupil thoroughly in these things. 

Throughout the book, the demonstrations are clear and easily intelli- 
gible. The examples for exercise are numerous. All the fundamental 
algebraic operations on entire quantities and fractions are presented, and 
are treated in an elementary, simple manner. The book is thus suffi- 
ciently full and complete for the entire requirements of a very large class 
of students. Price, $1.00. 

A Key, containing solutions to problems, is issued for the use of 
teachers. Price, 75 cents. 



VENABLE'S GEOMETRY. — With Introduction to 
Modern Geometry. 

Embracing both Plane Geometry' and Geometry in Space, prepared 
from a new translation of a late edition of Legendre. The pages are 
unusually bright and open in typography and diagrams. 

To each book are added numerous Exercises adapted to the theorems 
of the book. These Exercises are such as have been thoroughly tested 
in the instruction of classes in Elementary Geometry. At the close of 
the book are Hints to Solutions which serve as a guide to the study of 
geometrical analysis. 

There has also been added an Appendix of about fifty pages, con- 
taining a lucid Introduction to the leading principles and theorems of 
Modern Geometry. 

The price for introduction is : for Edition without Appendix, $1.40 ; 
with Appendix, $1.50. 



USEFUL AND ORNAMENTAL. 

Maury's Wall Maps. 

Most Useful Aids in Class Instruction in Geography. 

I. The World. VI. Asia. 

II. North America. VII. Africa. 

III. The United States. VIII. Physical andCom- 

IV. South America. mereial Chart of the 
V. Europe. World. 



These beautiful maps are carefully drawn and are engraved 
in the best style of lithographic art. They are adapted to 
accompany any text-book of Geography. 

The outlines and lettering are distinct. The natural 
features and political divisions of the continents are clearly 
presented. 

The great water-sheds and drainage-systems 
of the earth are presented to the eye in a very instructive 
manner. 

The maps of the five grand divisions of the world are on 
the same uniform scale, and thus present a correct vitw 
of the comparative sizes of the continents. 

The artistic finish and coloring of the maps furnish a 
pleasing pictorial effect. 

They are made in the most durable manner, being 
well colored, varnished, bound, mounted on rollers, and 
backed with heavy muslin. 

The size of each map is 26 x 34 inches ; except the 
United States, which is 30x48 inches. 

Price (packed ready for shipment), $10.00. 



LEADING PUBLICATIONS 



OF THE 



UNIVERSITY PUBLISHING CO. 



MAURY'S GEOGRAPHIES. Two books. 

PHYSICAL GEOGRAPHY. 

HOLMES' NEW READERS. Five books. 

DAVIS' READING BOOKS. Four books. 

LIPPINCOTT'S POPULAR READERS. Six books. 

HOLMES', LIPPINCOTT'S, HANSELL'S SPELLING 
BOOKS. 

THE CLARENDON DICTIONARY. 

VENABLE'S NEW ARITHMETICS, ALGEBRAS, 
GEOMETRY. 

SANFORD'S ARITHMETICS AND ALGEBRA. 

NICHOLSON'S ARITHMETICS AND ALGEBRA. 

HOLMES' HISTORY OF UNITED STATES. 

HANSELL'S HISTORIES OF UNITED STATES. 

HANSELL'S COPY-BOOKS. 

LOWRY'S ELEMENTS OF CIVIL GOVERNMENT. 

STATE HISTORIES: TEXAS, GEORGIA, MISS., ETC. 

VENABLE'S (F. P.), QUALITATIVE ANALYSIS. 

UNIVERSITY SERIES COPY-BOOKS. 

GILDERSLEEVE'S LATIN SERIES. (1894 Edn.Lat. Gram.) 

KNOFLACH'S GERMAN AND SPANISH. 

ETC., ETC., ETC 



